You are on page 1of 96

Student Handbook

20112012

STUDENT HANDBOOK

Student Handbook

This handbook is intended to provide law students with an overview of the academic program, faculty, facilities, and services provided by St. Johns University School of Law. The University This handbook change or to provide schedule of tuition administration reserves the right, whenever advisable, (1) to is intended modify its law students with an overview of the academic program, faculty, facilities and services and fees, and (2) to withdraw, cancel, reschedule or modify any course, program of study, or degree, provided by St. or any requirement in connection with any of the foregoing. Johns University School of Law. The University administration reserves the right, whenever advisable, (1) to change or on the Law School website and should (2) The electronic version of the Student Handbook appearsmodify its schedule of tuition and fees, andbe to withdraw, cancel, reschedule viewed periodically to ensure access to the most up-to-date information. or modify any course, program of study, or degree, or any requirement in connection with any of the foregoing. While every effort has been made to ensure the completeness and Larry Cunningham accuracy of the information provided herein, any suggestions Student Services Associate Dean for that will enhance the value of this handbook to andthe students of St. Johns Legal Writing Associate Professor of University School of Law will be gratefully Room 4-68 accepted. E-mail CUNNINL1@stjohns.edu The electronic version of the Student Handbook appears on the Law School website and should be viewed periodically to ensure access Vincentian, and metropolitan institution of Consistent with the University's mission as a Catholic,to the most up-to-date information.

higher education, the University abides by all applicable federal, state and local laws that prohibit Larry Cunningham discrimination (as defined below) in any educational or employment program, policy, or practice of St. Assistant Dean for University John's University, New York. In accordance with these laws, the Students also prohibits retaliation and Assistant Professor of Legal Writing against anyone who has complained about discrimination, discrimination-related harassment or Room 4-68 otherwise exercised rights guaranteed by these laws. All University policies, practices, and procedures E-mail CUNNINL1@stjohns.edu are administered in a manner that preserves its rights and identity as a Catholic and Vincentian institution of higher education. All members of the University Community have an obligation to cooperate in the application of this policy and the investigation of complaints of violations to this St. Johns University has a long-standing policy of nondiscrimination. policy. We do not discriminate on the basis of race, color, creed, age, gender, Discrimination includes employment decisions made on the basis of race, try to makecolor, nationalthe citizenship, or disability. Rather, we religion, all feel a part of or St. status, citizenship status, background or physical ethnic origin, age, sex, sexual orientation, maritalJohns Community, regardless ofdisability, genetic condition. predisposition or carrier status, status as a victim of domestic violence or status in the uniformed services of the United States (including veteran status). Employment decisions apply to all terms and conditions of employment, including but not limited to hiring, classification, promotion or transfer, discipline, discharge, layoff, compensation, job training, and benefits.
national origin, marital or parental status, sexual orientation, alien status,

Table of Contents
Introduction ................................................................................................................................. 9! Standards of Professional Conduct .......................................................................................... 13! Academic Program .................................................................................................................... 15!
THE JURIS DOCTOR DEGREE .................................................................................................................................... 15! Joint Degrees ........................................................................................................................................................ 16! Summer Abroad Programs................................................................................................................................... 16! THE MASTER OF LAWS IN BANKRUPTCY DEGREE ................................................................................................. 16! Credit Hours .......................................................................................................................................................... 16! Thesis Preparation ................................................................................................................................................ 16! Length of Program ............................................................................................................................................... 17! Prerequisite ........................................................................................................................................................... 17! Required Courses .................................................................................................................................................. 17! Elective Courses .................................................................................................................................................... 17! For Further Information ....................................................................................................................................... 17! THE MASTER OF LAWS IN U.S. LEGAL STUDIES DEGREE ....................................................................................... 17! Credit Hours .......................................................................................................................................................... 18! Minimum GPA and Minimum/Maximum Credit Load ........................................................................................ 18! Length of Program ............................................................................................................................................... 18! For Further Information ....................................................................................................................................... 18! SATISFACTION OF THE ADVANCED CIVIL PROCEDURE REQUIREMENT ................................................................ 19! SATISFACTION OF THE ADVANCED WRITING REQUIREMENT ............................................................................... 19! Advanced Scholarly Writing Requirement.......................................................................................................... 19! Advanced Practice Writing Requirement............................................................................................................ 19! GUIDELINES FOR AWARDING ACADEMIC CREDIT FOR: (A) COURSES BASED PRIMARILY ON A RESEARCH PAPER; (B) ACADEMIC ACTIVITIES; (C) DIRECTED RESEARCH ................................................................................ 20! Academic Credit for Co-Curricular Activities ...................................................................................................... 21! Distribution of Credits for Co-Curricular Student Activities .............................................................................. 21! LAW SCHOOL ATTENDANCE POLICY ...................................................................................................................... 21! Attendance Policy................................................................................................................................................. 21! Enforcement ......................................................................................................................................................... 22! Sanctions ............................................................................................................................................................... 22! LAW SCHOOL RESIDENCY REQUIREMENT .............................................................................................................. 22! For all students ..................................................................................................................................................... 22! For students applying for admission in New York ............................................................................................. 22! Restrictions on Outside Employment .................................................................................................................. 23! MAXIMUM PERIOD OF TIME FOR COMPLETION OF REQUIREMENTS FOR A J.D. DEGREE .................................. 23! TRANSFER BETWEEN THE PART-TIME AND FULL-TIME DIVISIONS ....................................................................... 23! LEAVES OF ABSENCE ................................................................................................................................................ 23! Personal Leaves of Absence ................................................................................................................................. 23! Voluntary Health Related Leaves of Absence ..................................................................................................... 23! WITHDRAWALS ........................................................................................................................................................ 23! VISITING STUDENT STATUS...................................................................................................................................... 24! ACADEMIC SUCCESS PROGRAM .............................................................................................................................. 25! WRITING CENTER ..................................................................................................................................................... 25! BAR PREPARATION PROGRAM................................................................................................................................ 25! GRADING AND RANKING ........................................................................................................................................ 27! ACADEMIC DISMISSAL AND PROBATION ............................................................................................................... 27! PROBATION ADVISOR PROGRAM ........................................................................................................................... 27!

Academic Requirements for the Juris Doctor Degree ............................................................ 19!

Academic Success Programs ..................................................................................................... 25!

Examinations and Grading in the Juris Doctor Program ........................................................ 27!

FACULTY OF LAW STATEMENT ON GRADE NORMALIZATION ............................................................................. 28! Guidelines on Grades for Students as of April 2008 .......................................................................................... 28! ADMINISTRATION OF EXAMINATIONS ................................................................................................................... 28! Laptop Examination Procedures.......................................................................................................................... 29! Regulations and Procedures Governing Examination Scheduling, Conflicts, and Hardships .......................... 30! Examination Conflict and Hardship Policy .......................................................................................................... 30! Review of Examinations ....................................................................................................................................... 30! MIDTERM AND OTHER INTERIM ASSESSMENTS..................................................................................................... 30!

Law School Scholarships ........................................................................................................... 32!


JURIS DOCTOR CANDIDATES ENTERING SCHOLARSHIPS: COVERAGE, RETENTION, AND ADJUSTMENTS ........ 32! Full-Tuition Scholarships ...................................................................................................................................... 32! Partial-Tuition Scholarships ................................................................................................................................. 32! Other Scholarship Policies and Awards ............................................................................................................... 32! External Scholarships............................................................................................................................................ 32! LL.M. IN BANKRUPTCY CANDIDATES...................................................................................................................... 33! Law School Scholarships....................................................................................................................................... 33! ABI Scholarship ..................................................................................................................................................... 33! The Robert M. Zinman Bankruptcy Scholarship ................................................................................................. 33! The Richard Lieb Bankruptcy Scholarship ........................................................................................................... 33! ANNUAL HONORS AND AWARDS........................................................................................................................... 34! Deans List ............................................................................................................................................................. 34! CALI Excellence for the Future Awards Program ............................................................................................... 34! American Bankruptcy Law Journal Prize ............................................................................................................ 34! Michele G. Falkow Excellence in Legal Writing Award ...................................................................................... 34! GRADUATION HONORS ........................................................................................................................................... 34! COMMENCEMENT AWARDS ................................................................................................................................... 34! COMMUNICATIONS WITH FACULTY MEMBERS ..................................................................................................... 38! FACULTY RESEARCH PROGRAM .............................................................................................................................. 38! ACCIDENT AND SICKNESS INSURANCE ................................................................................................................... 40! CLASSROOM USAGE ................................................................................................................................................ 40! COMMUNICATIONS NETWORK ............................................................................................................................... 40! School of Law Website ......................................................................................................................................... 40! E-Mail .................................................................................................................................................................... 40! TV Monitors .......................................................................................................................................................... 40! Bulletin Boards ..................................................................................................................................................... 40! DINING FACILITY ...................................................................................................................................................... 41! EMERGENCY SCHOOL CLOSING NOTIFICATION ..................................................................................................... 41! FACILITIES MANAGEMENT ...................................................................................................................................... 41! IMMUNIZATION AND MENINGITIS DOCUMENTATION ......................................................................................... 41! LAW SCHOOL TRANSCRIPT REQUEST PROCEDURE ................................................................................................ 41! LOCKERS ................................................................................................................................................................... 41! LOST AND FOUND .................................................................................................................................................... 41! OUTSIDE ORGANIZATIONS ACCESS TO THE LAW SCHOOL .................................................................................. 41! PARKING ................................................................................................................................................................... 42! RECREATION ............................................................................................................................................................. 43! SHUTTLE BUS SERVICE ............................................................................................................................................. 43! SMOKING .................................................................................................................................................................. 43! STORM CARDS .......................................................................................................................................................... 43! STUDENT FILES, ACCESS TO AND CONFIDENTIALITY OF ....................................................................................... 43! UNDERGRADUATE/GRADUATE LOAN DEFERMENT REQUESTS ............................................................................ 45! USE OF THE CREST AND SEAL OF ST. JOHNS UNIVERSITY .................................................................................... 45! USE OF THE NAME OF ST. JOHNS UNIVERSITY...................................................................................................... 45! WEB REGISTRATION ................................................................................................................................................. 45!

Academic Honors and Awards for the Juris Doctor Degree .................................................. 34!

Law School Faculty .................................................................................................................... 38! General Information ................................................................................................................. 40!

Policies and Procedures ............................................................................................................ 46!

POLICIES AND PROCEDURES OF ST. JOHNS UNIVERSITY ...................................................................................... 46! POLICIES AND PROCEDURES OF ST. JOHNS UNIVERSITY SCHOOL OF LAW ........................................................ 46! Academic Fairness Procedures ............................................................................................................................. 46! Code of Student Professional Responsibility ...................................................................................................... 47! Police on Tape-Recording of Classroom Discussions .......................................................................................... 50! Policy on Computer Usage in the Classroom ...................................................................................................... 50! Policy Statement on participation by School of Law students who are not members of the Moot Court Honor Society and the Polestino Trial Advocacy Institute in Minority Bar Association sponsored external appellate and trial advocacy competitions ......................................................................................................... 50!

Course Offerings ....................................................................................................................... 52!


REQUIRED COURSES FOR THE J.D. DEGREE ............................................................................................................ 52! REQUIRED COURSES FOR THE LL.M. IN BANKRUPTCY STUDIES DEGREE ............................................................. 53! REQUIRED COURSES FOR THE LL.M. IN U.S. LEGAL STUDIES DEGREE .................................................................. 54! ELECTIVES ................................................................................................................................................................. 54! A. Core Electives ................................................................................................................................................... 54! B. Additional Elective Courses ............................................................................................................................. 56! C. Clinics ................................................................................................................................................................ 92! D. Externships ....................................................................................................................................................... 96!

Introduction
St. Johns University School of Law has traditionally viewed itself as having three primary and distinctive goals. First, it has the responsibility of producing students who are well qualified to begin to practice law as a learned profession. Toward this end, the Law School aims at imparting to its students competence in the basic skills and techniques of the legal profession; a grasp of the history and system of the common law as developed and modified by the courts, legislatures, and administrative agencies in the United States; and familiarity with some of the more important statutes and decisions in federal and leading state jurisdictions. As part of the instructional process, the faculty strives to promote a values-oriented legal education, emphasizing the principles of respect for all, responsibility to self and others, and positive ethical and moral values. Such a values-oriented legal education is integral to the goals of the School of Law. The second of the Law Schools goals is to furnish the community with lawyers who are ready, willing and able to participate in all aspects of public life including service as members of the executive, legislative and judicial branches of government. The third of these goals is to inculcate in every student a deep respect for the rule of law and for the legal system, so that all students may serve as community role models whether or not they choose the practice of law, the teaching of law or public service.

The School of Law is an integral part of St. Johns University, which was founded in 1870 by the Vincentian Community at the invitation of the first Bishop of Brooklyn, John Loughlin, for the purposes of opening a day college where the youth of the city might find the advantages of a solid education and where their minds might receive the moral training necessary to maintain the credit of Catholicity. NonCatholics were welcome, for Governor E. Louis Lowe of Maryland, at the groundbreaking in 1868, hailed this college for the education of . . . youth. . . without distinction of religious belief, political opinion, or social condition. Today, St. Johns continues to adhere to the purposes of its founders as evidenced in its Mission Statement.

St. Johns School of Law Student Handbook 2011-12 Page 9

St. John's University is Catholic, Vincentian, and Metropolitan.

As a university, we commit ourselves to academic excellence and the pursuit of wisdom which flows from free
inquiry, religious values and human experience. We strive to preserve and enhance an atmosphere in which scholarly research, imaginative methodology, global awareness and an enthusiastic quest for truth serve as the basis of a vital teaching-learning process and the development of lifelong learning. Our core curriculum in the liberal arts and sciences aims to enrich lives as well as professions and serves to unify the undergraduate experience. Graduate and professional schools This handbook iscommitment to research, rigorous standards, and express our intended to provide law students with an overview of the academic program, faculty, facilities and services innovative application of knowledge. We aim not only to be excellent professionals Law. The University analyze and with an ability to provided by St. Johns University School of articulate clearly what is, but also to develop the ethical and aesthetic values to imagine and to administration reserves the right, whenever advisable, (1) help realize what might be. change or modify its schedule of tuition and fees, and (2) to
withdraw, cancel, reschedule or modify any course, program of study, or degree, or any requirement in invitation of the first St. Johns is a Catholic university, founded in 1870 in response to an connection with any of Bishop of the foregoing. While every effort has been made to ensure the Brooklyn, John Loughlin, to provide the youth of the city with accuracy of the information provided herein, We embrace completeness and an intellectual and moral education. the Judeo-Christian ideals of respect for the rights and dignitythat every person and each individuals responsibility any suggestions of will enhance the value of this handbook to for the world in which we live. We commit ourselves students of St.climate patterned onof Law willand teaching of Jesus the to create a Johns University School the life be Christ as embodied in the traditions and practices of the accepted.Catholic Church. Our community which comprises gratefully Roman

Student Handbook

members of many faiths, strives for an openness which is wholly directed to all that is true, all that deserves The electronic version worthy of Handbook appears on 4:8). Thus, the respect, all that is honest, pure, admirable, decent, virtuous, or of the Studentpraise (Philippiansthe Law School website and world as it engages in to ensure university is a place where the Church reflects upon itself and the should be viewed periodically dialogue with other access to the most up-to-date information. religious traditions.

St. Johns is a Vincentian university, inspired by Dean for StudentsPauls compassion and zeal for service. We Assistant St. Vincent de

Larry Cunningham

strive to provide excellent education for all and Assistant Professor of Legal Writing economic, physical, or social people, especially those lacking Room 4-68 advantages. Community service programs combine with reflective learning to enlarge the classroom experience. E-mail CUNNINL1@stjohns.edu Wherever possible, we devote our intellectual and physical resources to search out the causes of poverty and social injustice and to encourage solutions which are adaptable, effective, and concrete. In the Vincentian tradition, we seek to foster a world view and to further efforts toward global harmonypolicy ofdevelopment, by creating an St. Johns University has a long-standing and nondiscrimination. atmosphere in which all may imbibe and embodyWe dospirit of compassionate concern for others so characteristic of the not discriminate on the basis of race, color, creed, age, gender, national origin, marital or parental status, sexual orientation, alien status, Vincent.

St. Johns is a metropolitan university. We benefit from New York Citys cultural diversity, its intellectual
and artistic resources, and the unique professional educational opportunities offered by New York, Rome and other cities throughout the world where our students study and serve. With this richness comes responsibility. We seek and welcome opportunities to partner and plan with our metropolitan communities. We encourage them to use our intellectual resources and professional expertise in developing solutions that address strategic issues of mutual concern. On the local, state, national and international levels, our alumni serve as effective leaders and responsible citizens. We pledge to foster those qualities required for anticipating and responding to the educational, ethical, cultural, social, professional, and religious needs of a dynamic world.
Mission Statement of St. Johns University, New York Approved by the Board of Trustees, March 13, 2008

citizenship, or disability. Rather, we try to make all feel a part of the St. Johns Community, regardless of background or physical condition.

St. Johns School of Law Student Handbook 2011-12 Page 10

Vision

St. Johns University will empower diverse learners with quality education for life. Through innovative teaching, research and service we will foster rational, spirited inquiry and intelligent reflection. Our student-centered This handbook is intended to provide law students with an approach will be shaped by a caring, the academic program, faculty, facilities and services overview of energized, nimble culture. Enlivened by provided by will excel in the competencies Johns our distinctive mission, our graduatesSt.reservesUniversity School of Law. The University and administration the right, whenever advisable, (1) to values required for leadershipchange or modify its in a rapidly and fees, and (2) to and service schedule of tuition evolving global community. As a Catholic and withdraw, cancel,or university, in connection be known Vincentianreschedule or modify any course, with any of we will program of study, or degree, any requirement the of poverty and social justice. worldwide for addressing issues foregoing. While every effort has been made to ensure the
completeness and accuracy of the information provided herein, any suggestions that will enhance the value of this handbook to the students of St. Johns University School of Law will be gratefully accepted.

Student Handbook

The electronic version of the Student Handbook appears on the Law School website and should be viewed periodically to ensure access to the most up-to-date information. Larry Cunningham Assistant Dean for Students and Assistant Professor of Legal Writing Room 4-68 E-mail CUNNINL1@stjohns.edu
St. Johns University has a long-standing policy of nondiscrimination. We do not discriminate on the basis of race, color, creed, age, gender, national origin, marital or parental status, sexual orientation, alien status, citizenship, or disability. Rather, we try to make all feel a part of the St. Johns Community, regardless of background or physical condition.

St. Johns School of Law Student Handbook 2011-12 Page 11

Mission Statement

Consistent with the Vincentian Mission of St. Johns University, St. Johns School of Law seeks to:
This handbook is intended to provide law students with Achieve academic excellence through a commitment to andan overview of the academic program, faculty, facilities rigorous services provided by St. Johns University application of knowledge; teaching, scholarly research, and innovative School of Law. The University

Student Handbook

administration reserves the right, whenever advisable, (1) to change or modify its schedule of tuition and fees, and (2) to withdraw, cancel, reschedule or modify any course, program of Foster a diverse community emphasizing respectconnection with any of and for the rights study, or degree, or any requirement in dignity of every person; the foregoing. While every effort has been made to ensure the completeness and accuracy of the information provided herein, any suggestions that will enhance the value of this handbook to the out the causes of economic and Engage students to search students of St. Johns University School of Law will be social gratefully accepted.

injustice and to find effective and concrete solutions;

Endow graduates with participation in a global,Larry Cunningham legal profession.

The electronic version of the Student Handbook appears on the Law School website and should be viewed periodically to ensure the skills and values required for successful access to the most up-to-date information.

Assistant Dean for Students and Assistant Professor of Legal Writing Adopted by the School of Law Faculty Council on January 19, 2011. Room 4-68 E-mail CUNNINL1@stjohns.edu
St. Johns University has a long-standing policy of nondiscrimination. We do not discriminate on the basis of race, color, creed, age, gender, national origin, marital or parental status, sexual orientation, alien status, citizenship, or disability. Rather, we try to make all feel a part of the St. Johns Community, regardless of background or physical condition.

St. Johns School of Law Student Handbook 2011-12 Page 12

Standards of Professional Conduct


Students applying to and accepting admission to St. Johns University School of Law agree to comply with the Rules and Regulations of the University and the School of Law, and to cooperate with the faculty in maintaining high standards of conduct. In the application for admission to the Law School, the applicant certifies that answers to the questions on the application are complete and accurate; that the applicant agrees to notify the School of Law Registrar immediately of any changes in or additions to the information contained in answers to the questions; and that the applicant understands that any omission or misstatement might result in rescission of admission to the Law School. The applicant is advised in the application that a copy thereof will be forwarded to the appropriate Committee on Character and Fitness at the time of application for admission to the Bar, and that any omission or misstatement on the application could result in denial of admission to the Bar. All students of the University, and Law School students in particular, are expected to behave and comport themselves in a manner consistent with the Universitys Mission Statement, the Student Handbooks of the University and Law School, and the highest standards of professionalism, honesty, and integrity. A law student seeking to enter the legal profession should not engage in conduct that involves moral turpitude, dishonesty, fraud, deceit, or misrepresentation. A law student should not engage in conduct that is prejudicial to the administration of the Law School or to the interest of other students, which includes the ability to study in a secure and scholarly learning environment free from harassment and hostility. A law student should not engage in conduct that adversely reflects upon the students fitness to study the law and ultimately admission to the practice of law. Relevant codes and disciplinary procedures are contained in this Handbook as well as the University Student Handbook, which is available to all law students on the Universitys website and incorporated by reference here. Particular attention should be paid to the Law Schools Code of Student Professional Responsibility, the Universitys Student Code of Conduct, and the Universitys Academic Honor Pledge. For additional information regarding the character and fitness requirements for admission to the practice of law in New York State, visit: www.nylat.org/publications/brochures/documents/Characte randFitnessBrochure09.pdf www.nycourts.gov/courts/ad1/committees&programs/cfc www.nycourts.gov/courts/ad2/attorneymatters_characteran dfitness.shtml www.courts.state.ny.us/ad3/Admissions www.nycourts.gov/ad4

St. Johns School of Law Student Handbook 2011-12 Page 13

St. Johns School of Law Student Handbook 2011-12 Page 14

Academic Program
THE JURIS DOCTOR DEGREE
The Law School curriculum has been designed by the faculty to inculcate into first-year students a knowledge of fundamental legal doctrine and policy and to begin the development of their analytical legal skills which will continue throughout their legal careers. In general, the first year is comprised of basic doctrinal courses (Contracts, Torts, Property, Civil Procedure, Constitutional Law and Criminal Law), along with extensive training in Legal Analysis, Writing, and Research, and an introductory course in which the students receive initial exposure to the methods and ideas that are fundamental components of the American legal system. Thereafter, the upper-class curriculum is mostly elective, with but one required course: Professional Responsibility. In addition, however, the faculty believes that upper-class students programs should also include a critical mass of fundamental, or core, courses that will help the students achieve competence as lawyers in an ever-changing legal environment. Thus, the faculty has identified ten core areas of study from which the student must select at least five: Administrative Law Business Organizations Conflict of Laws Criminal Procedure I Evidence Family Law International Law Taxation Basic Federal Personal Income Trusts & Estates Uniform Commercial Code offering (Payment Systems, Sales, or Secured Transactions) Faculty advisement on the selection and sequencing of core and other elective offerings is strongly recommended, and reference should be made to the Upper-Class Curriculum Guide, an extensive exposition of all of the elective courses available after the required first year, including information on concentration and sequencing of electives.
FULL-TIME MODEL PROGRAM Fall Semester Cr. Spring Semester Contracts I 3 Contracts II Torts 4 Property Civil Procedure 4 Criminal Law Legal Analysis & 2 Legal Analysis, Writing Research, & Writing Introduction to Law 2 Constitutional Law Total 15 Total Professional 3 Electives Responsibility* Electives 11 Total 14 Total Electives 14 Electives

Year 1L

Cr. 2 4 3 2 4 15 14

2L

14
14

3L

* Professional Responsibility must be taken any time prior to the final year of law school.

Year 1L

2L

The core courses are rigorous in nature and will help students continue the process, begun in first year, of refining their analytical legal skills and broadening their knowledge of fundamental legal doctrine and policy. In addition, students must satisfy the Advanced Civil Procedure Requirement and the Advanced Writing Requirement, described in the section below on Academic Requirements for the Juris Doctor Degree. Full-time students have a three-year course of study. Parttime students pursue a four-year curriculum, with Constitutional Law and Criminal Law being taken during the second year. Under either course of study, Professional Responsibility must be taken before the final year of the program.
3L

PART-TIME MODEL PROGRAM Fall Semester Cr. Spring Semester Contracts I 3 Contracts II Torts 4 Property Legal Analysis & 2 Legal Analysis, Writing Research, & Writing** Introduction to 2 Civil Procedure* Law Total 11 Total Constitutional 4 Electives Law* Criminal Law* 3 Professional 3 Responsibility*** Total 10 Total Electives 10-11 Electives

Cr. 2 4 2

12 10-11

10-11
10-11

4L

Electives

10-11

Electives

10-11

* Part-time day students may be required to take Civil Procedure, Constitutional Law, and/or Criminal Law in the evening for scheduling purposes. ** The Spring 1L semester for part-time students is billed at 11 credits by assigning a bill rate of 1 credit to Legal Research, Writing, & Analysis.

St. Johns School of Law Student Handbook 2011-12 Page 15

** Professional Responsibility must be taken any time prior to the final year of law school. A minimum of 86 credit hours and a cumulative average of 2.1 is required for the J.D. degree. According to the Universitys Policy on Students Participating at Commencement Exercises, students in good academic standing and not subject to academic discipline may participate in the commencement ceremony if they are short one course, provided they have completed all other degree requirements and there is evidence that the course will be completed by the next conferral date (last business day in September). The summer session of eight weeks is normally scheduled from early June through late July. Students may take up to seven credits during the summer session to lighten their work load during the regular semester or to enrich their program by additional courses. Joint Degrees St. Johns University offers several joint degrees: the J.D./ M.B.A., J.D./M.A. in Government and Politics, and J.D./LL.M. in Bankruptcy. Additional information about joint degrees, including application procedures and degree requirements, is available from the Office of Admissions. Summer Abroad Programs The Summer Abroad Programs are open to J.D. candidates in U.S. law schools, to students in foreign law achools, and to foreign graduates interested in improving their knowledge of international and comparative law. St. John's has one of the premier campuses of an American university in Rome, Italy, and offers summer programs there every year. St. John's has recently opened a campus in Paris, France, holding our first summer session there in 2011. In addition, we have offered summer programs in other foreign cities, with locations varying from year. For example, Saint John's held a summer session in Barcelona in 2010 and we are considering other cities for future summer sessions. All current students must be in good academic standing in order to participate in a summer program abroad. Historically, most St. John's students have taken six credits during the summer session. Summer sessions may be funded with financial aid. For further information, contact Associate Dean for International Studies Christopher Borgen or Assistant Dean for Transnational Programs Jeffrey K. Walker.

affected by bankruptcy. Successful bankruptcy practice therefore requires not only specialized knowledge of the complexities of the Bankruptcy Code and Rules, but also knowledge of a broad range of discrete substantive areas including accounting, taxation, real estate, securities, finance and domestic relations as they apply to bankruptcy cases. At the same time, expertise in bankruptcy does not always afford the global outlook needed for effectively handling bankruptcy cases in these and other areas. As a result, many large firms often form teams of lawyers with expertise in the various disciplines involved in any particular case. The team approach, however, is very expensive for the bankruptcy estate. Also, it may not provide a completely satisfactory solution unless there are members of the team with broad enough multidisciplinary perspectives to integrate the bankruptcy issues with the other legal disciplines involved. With this in mind, St. John's LL.M. in Bankruptcy is designed to be multidisciplinary in nature integrating elements of legal disciplines into the curriculum in a way that will permit the graduate to see and understand the interrelationship between bankruptcy and other substantive areas of the law even where expert advice must be brought in to provide the direction required in seeking such advice. Students will be given intensive advanced training, both in bankruptcy law and in related subjects as they apply to bankruptcy training generally unavailable at the J.D. level. Graduates will thus be in a position to make a major contribution to any law office in which they practice, and to make significant contributions to the development and administration of the bankruptcy laws of the nation. The LL.M. in Bankruptcy is also unique among masters programs. It is the only masters program in the nation devoted to bankruptcy law. More important, it is a distinctly different type of program. In addition to providing advanced classes in subjects covered at the J.D. level, the LL.M. in Bankruptcy is designed to produce a special kind of bankruptcy lawyer. By doing so, it will make an important impact on the field of graduate legal education. Credit Hours In order to receive an LL.M. in Bankruptcy degree, students are required to complete 30 credit hours composed of 24 credit hours of substantive courses and two Advanced Research Seminars (three credits each) in connection with which the student will prepare a major publishable thesis. A minimum 3.0 GPA is required for graduation. Thesis Preparation The Advanced Research Seminar meets periodically during the semester to review the students progress in the research and writing of the thesis and to provide feedback.

THE MASTER OF LAWS IN BANKRUPTCY DEGREE


Although sometimes thought of as a specialty, bankruptcy is quite generic in nature. Virtually every legal discipline is

St. Johns School of Law Student Handbook 2011-12 Page 16

Students attending each seminar are required to comment on, question and understand the complexities of each others work. Additional sessions devoted to American research and writing techniques may be scheduled for students who did not receive their first law degree from a United States law school or who otherwise are not familiar with American research and writing. Between sessions of the seminar, students meet individually with the thesis professor to review progress in the thesis. Drafts of the thesis are reviewed by a mentor who is an expert in the discrete area covered by the thesis. Students will be required to defend the thesis orally before bankruptcy experts. Each thesis will be a minimum of 50 typewritten pages including footnotes. Students are expected to complete and defend the thesis by the end of the term in which they complete twenty-four substantive course credits. Students failing to meet this requirement will be required to enroll in a third research seminar for completion of the thesis in the term following completion of twenty-four substantive course credits. Except in extraordinary circumstances, students will not be permitted to extend the completion of the program further. Length of Program Full-time students complete the program in one year. Parttime students complete the program in two to three years, and in extraordinary circumstances, four years. Prerequisite The Director of the LL.M. in Bankruptcy require students who have not taken Bankruptcy or Creditors Rights course Creditors Rights course at St. Johns as part coursework.

Elective Courses For the remaining 13 hours of elective credits, students can select from a wide array of specialized LL.M.-level bankruptcy courses. The list of current elective courses are available on the LL.M. website. Although nearly all LL.M. students limit their coursework to bankruptcy LL.M. courses, additional electives are available from both the regular J.D. curriculum and the M.B.A. curriculum of St. Johns Peter J. Tobin College of Business. For the current listing of J.D. and M.B.A. courses that may be appropriate for LL.M. students, visit the LL.M. website at http://www.stjohns.edu/academics/graduate/law/academics/ llm/bankruptcy/courses.stj. For Further Information Questions about the LL.M. in Bankruptcy may be directed to: Associate Dean for Bankruptcy Studies G. Ray Warner Professor of Law and Director, LL.M. in Bankruptcy St. John's University School of Law 8000 Utopia Parkway Queens, NY 11439 Phone: (718) 990-6620 E-mail: warnerg@stjohns.edu LL.M. in Bankruptcy Office First Floor St. John's University School of Law 8000 Utopia Parkway Queens, NY 11439 Phone: (718) 990-5343 Fax: (718) 990-8095 E-mail: llm@stjohns.edu

Program may a basic U.S. to take the of their LL.M.

Required Courses Students who have taken a required or elective course, or a similar course, in preparation for the J.D. degree, may not take such a course in connection with the LL.M. program. A required course may be waived for students with significant experience in the subject matter of a particular course. Where a required course is not taken, a suitable substitute elective will be selected by the student, subject to approval by the Director of the LL.M. in Bankruptcy Program. The required courses for the LL.M. degree are: Advanced Bankruptcy Research Seminar Parts I and II (3 Credits each) Bankruptcy Ethics, Fraud and Malpractice (2 Credits) Bankruptcy Jurisdiction (1 Credit) Bankruptcy Procedure (2 Credits) Bankruptcy Taxation (2 Credits) Consumer Bankruptcy (2 Credits) Reorganization Under Chapter 11 (2 Credits)

THE MASTER OF LAWS IN U.S. LEGAL STUDIES DEGREE


The LL.M. Program in U.S. Legal Studies for Foreign Law School Graduates is tailored for students from around the world with different legal backgrounds. The program was conceived as an opportunity for foreign law school graduates and legal professionals to come to St. Johns School of Law and New York City to acquire new skills in U.S. legal studies and gain eligibility to apply for the New York Bar. The program provides foreign lawyers full exposure to the core subjects of U.S. and New York law. The Program is an extraordinary experience, where foreign students have the opportunity to interact and exchange knowledge and experiences with St. Johns students and faculty. The presence of qualified and experienced foreign lawyers within the St. Johns Law community also affords J.D. students valuable exposure to comparative law ideas and to foreign legal practice.

St. Johns School of Law Student Handbook 2011-12 Page 17

St. Johns LL.M. in U.S. Legal Studies provides foreign lawyers with an invaluable opportunity to immerse themselves in the study of U.S. law in English for a full year; develop their practical skills through intensive instruction in legal research, legal writing, and oral advocacy; and choose from a wide variety of courses taught by some of the most accomplished professors, practicing lawyers, and judges in New York. Of course, they can also take advantage of all the cultural, professional, and academic opportunities provided by New York City. Credit Hours In order to receive an LL.M. degree in U.S. Legal Studies, 24 credit hours must be successfully completed. They are comprised of: Required Courses (8 Credits) Introduction to U.S. Law I (2 credits) Introduction to U.S. Law II (1 credit) U.S. Legal Analysis and Writing (2 credits) U.S. Legal Analysis, Research and Writing (3 credits) Core J.D. Courses (7 Credits) LL.M. students must complete 7 credits from among the following J.D. courses: Contracts I Contracts II Property Torts Constitutional Law Criminal Law Criminal Procedure I and/or II Civil Procedure New York Practice Professional Responsibility Federal Practice

We encourage LL.M. candidates to study topics relevant to the New York Bar Examination, such as Contracts, Torts, Civil Procedure, Evidence, Criminal Law, Constitutional Law or Corporations in order to augment their knowledge and understanding of U.S. Law. Minimum GPA and Minimum/Maximum Credit Load The same academic standing requirements as apply to J.D. students also apply to LL.M. students. However, LL.M. students are not included in the J.D. Grade Normalization Policy. Due to the intensity and rigor of the LL.M. program, fulltime students are not permitted to work and have to enroll in a minimum of 12 and a maximum of 18 credits per semester. If part-time students also choose to work, they must comply with all U.S. immigration and employment regulations. Length of Program Full-time students are to complete the program in one academic year, August through May. Part-time students are to complete the program within four years of enrollment. For part-time students, there is a minimum requirement of 5 credits (2 introductory courses) in the first semester, with a minimum of 1 and maximum of 11 credits for all other semesters. For Further Information Questions about the LL.M. in U.S. Legal Studies may be directed to Christopher J. Borgen Associate Dean for International Studies Or Jeffrey K. Walker Assistant Dean for Transnational Programs Or Luca C. M. Melchionna, Director of the U.S. Legal Studies LL.M. Program

Elective Courses (9 Credits) LL.M. students must complete at least 9 credits of elective J.D. courses, subject to availability.

St. Johns School of Law Student Handbook 2011-12 Page 18

Academic Requirements for the Juris Doctor Degree


SATISFACTION OF THE ADVANCED CIVIL PROCEDURE REQUIREMENT
As a precondition to graduation, each student must take at least one of the following three elective courses to satisfy the Advanced Civil Procedure Requirement: Administrative Law (3 credits) Federal Practice (3 credits), or New York Practice (4 credits) students are not able to graduate on time because their final ASWR submission did not satisfy the requirements of this section and it was not possible to complete the requirements by the degree conferral date. This, in turn, impacts students ability to sit for the bar exam as anticipated. Therefore, it is strongly recommended that students complete the ASWR by the second-to-last semester. (a) Coursework. For coursework to satisfy the ASWR, students must submit a writing or writings of substantial quality. A writing is of substantial quality if it is well written, adequately supported by authority and demonstrates analytical ability, and is awarded a grade no lower than a C+. (b) Directed research. In order to satisfy the ASWR through directed research, the student must produce a final writing that satisfies the guidelines in subsection (a), above. (c) Additional requirements. Papers will fulfill the ASWR only if: (i) the final product has at least 8000 words, inclusive of footnotes and/or endnotes; (ii) the supervising faculty member has commented on a first draft prior to submission of the final product; and (iii) the supervising faculty member or faculty advisor certifies that the writing or writings satisfy the above criteria. (d) Particular Courses. Notwithstanding paragraph (c)(i), a student taking Directed ResearchLaw Review or Perspectives in Justice may satisfy the ASWR by successfully completing the requirements for those respective courses and meeting the additional requirements in subsection (c)(ii) and (iii) above. Advanced Practice Writing Requirement The Advanced Practice Writing Requirement (the APWR) is intended to ensure that all students attain proficiency in the type of practical writing assignments attorneys perform regularly. The APWR must be satisfied through coursework. As with the ASWR, it is strongly suggested that students complete the APWR before the end of their second-to-last semester. For a course to satisfy the APWR, it must provide a substantial opportunity for students to develop and improve litigation and/or transactional writing skills. Courses satisfying the APWR require students to submit practice-writing assignments (regardless of number) totaling at least 25 pages, or a total of seven assignments

It is important that each student gain an understanding of the procedural issues that pervade the practice of law, beyond those that were covered in Civil Procedure. The following electives will meet that need: Administrative Law emphasizes the process of rulemaking and decision-making by governmental agencies and judicial review thereof. Federal Practice concentrates on practical problems of civil litigation in federal courts. New York Practice is a study of civil litigation procedure in New York state courts.

Students interested in taking only one of these courses should consider which is best suited to their needs and choose accordingly. Students are encouraged to take more than one and are urged to consult the faculty for guidance on this issue.

SATISFACTION OF THE ADVANCED WRITING REQUIREMENT


The Advanced Writing Requirement consists of two upperlevel writing experiences, one scholarly (the Advanced Scholarly Writing Requirement), and the other practical (the Advanced Practice Writing Requirement). Advanced Scholarly Writing Requirement The Advanced Scholarly Writing Requirement (ASWR) is intended to ensure that all students have the opportunity after first year to compose at least one scholarly writing for which they must analyze, synthesize, organize and present legal material. There are two ways to satisfy this requirement: coursework or directed research. It is strongly suggested that students complete the ASWR by the end of their second-to-last semester. Students who wait until their last semester to complete the ASWR take a substantial risk that they will not be able to graduate on time. It has been the experience of the Deans Office that, each year, several

St. Johns School of Law Student Handbook 2011-12 Page 19

(regardless of the number of pages), which have been written and/or rewritten with the benefit of instructor critique. A student must be awarded a grade no lower than a C+ to receive APWR credit. The supervising faculty member must certify that the students work meets the above criteria. The following courses and clinics satisfy the APWR: Amicus Briefs in Intellectual Property Cases Appellate Advocacy (ALSK 1030) Appellate Advocacy-Moot Court (ALSK 1030) Bankruptcy Practice- Litigation (BANK 4080) Bankruptcy Practice- Opinion (BANK 4090) Business Planning (BUSI 1060) Counseling in the Global Community: Practicing U.S. Domestic Law in an International Business Economy (INTL 3000) Drafting: Adoption Law Drafting: ADR Documents (ALSK 9050) Drafting and Negotiating Complex Transactions in Information Technology (ALSK 8060) Drafting: Bankruptcy & Commercial Agreements (BANK 2040) Drafting: Contracts (ALSK 8000) Drafting: Environmental Issues (ENVR 1050) Drafting: Federal Civil Practice (SFPR 3020) Drafting: Federal Criminal Practice (ALSK 8030) Drafting: International Contracts (ALSK 9060) Drafting: IP Licenses (INPR 2020) Drafting: Judicial Opinions (ALSK 9070) Drafting: Litigation Documents and Contracts (ALSK 2050) Drafting: New York Civil Practice (SFPR 2050) Drafting: Real Estate Transactions (PROP 1050) Drafting: Trademark Prosecution (INPR 2030) Drafting: Wills & Trusts Instruments (ESTA 1000) Electronic Evidence & Discovery (SFPR 3050) Fact-Writing & Persuasion in Legal Documents (ALSK 7080) Family Law Practice (FAML 1010) International Law Advanced Practice Writing Tutorial International Sales Law & Arbitration (ALSK 8010) Introduction to Bankruptcy Practice: Case Analysis (BANK 5010) Labor and Employment Arbitration (LABR 1050) Legal Writing- Advanced (ALSK 4090) New York Criminal Practice (CRIM 2010) Pre-trial Advocacy (ALSK 1000) (Pepper &Wicks) Supreme Court Amicus Briefs (BANK 3090 & 4000) Clinics Bread and Life: Immigration (ALSK 8040) Child Advocacy (ALSK 5090) Consumer Protection (ALSK 1025) Criminal Defense (ALSK 8070/8080) Domestic Violence (ALSK 4010 & 4030) Economic Justice (ALSK 9010/9020) Elder Law (ALSK 2010) Immigrant Tenant Advocacy (ALSK 7000 & 7050)

Kinship Caregiver Law Prosecution (ALSK 2070 & 2080) Refugee & Immigrant Rights (ALSK 5000 & 5020) Securities Arbitration (ALSK 5050)

GUIDELINES FOR AWARDING ACADEMIC CREDIT FOR: (A) COURSES BASED PRIMARILY ON A RESEARCH PAPER; (B) ACADEMIC ACTIVITIES; (C) DIRECTED RESEARCH
(a) Courses based primarily on a research paper. In all courses in which the final grade is based primarily on a research paper, students shall be required to submit a writing or writings of substantial quality. A writing is of substantial quality if it is well written, supported by authority where appropriate, and demonstrates analytical ability. Unless otherwise indicated in the particular course description, it is expected that courses in which students receive three credits shall require that students submit a writing or writings totaling at least 8000 words in length (approximately thirty pages) inclusive of footnotes, absent extraordinary circumstances. It is expected that courses in which students receive two credits or fewer shall require that students submit a writing or writings totaling at least 5400 words in length (approximately twenty pages) inclusive of footnotes, absent extraordinary circumstances; provided, however, the student may, with the professors permission, submit an 8000-word writing for the purpose of seeking satisfaction of the Advanced Scholarly Writing Requirement. (b) Academic activities. A student can receive academic credit awarded for service on the senior board of an academic activity from only one such activity during the students career at the Law School. If a student is serving on more than one senior board, the student may take the credits attributable to the position that will provide the greatest number of credits. At least every three years, the academic activities receiving academic credit will submit a report to the faculty, providing information necessary for an assessment of the academic nature of each position for which academic credit is awarded. Any reduction of academic credit by the faculty will be prospective only. (c) Directed Research. Absent specific permission of the Associate Academic Dean, academic credit will be awarded only if the student has successfully completed all requirements by the end of the students second-to-last semester at the Law School. Completion of requirements means that the student shall have produced a final writing that, except for the minimum grade, satisfies the guidelines for course work satisfaction of the Advanced Scholarly Writing Requirement, above, and shall have both (i) prepared a detailed draft or outline, and (ii) satisfied any other instructor-required preparatory steps.

St. Johns School of Law Student Handbook 2011-12 Page 20

Academic Credit for Co-Curricular Activities Academic credit is available to senior students for participation in co-curricular activities in the following capacities: On the editorial boards of the Law Review/Journal of Catholic Legal Studies, the American Bankruptcy Institute Law Review, the Journal of Civil Rights and Economic Development, and the New York International Law Review; On the Executive Board of the Moot Court Honor Society; On the Executive Board of the Frank S. Polestino Trial Advocacy Institute; and On the Executive Board of the Dispute Resolution Society

each organization. This list shall be signed by the respective Faculty Advisors. No position in any organization shall receive more than four credits per year. Note: Under the New York State Court of Appeals Rules for the Admission of Attorneys and Counselors at Law, credits earned for participation in co-curricular activities are not considered in determining compliance with the scheduled days per week requirements of Rule 520.3(d) and (e). Distribution of Credits for Co-Curricular Student Activities The following administrative procedures have been adopted to implement the policy allowing academic credit for co-curricular activities as set forth above: (1) At the beginning of the Fall and Spring semesters, the Editors-in-Chief of each Law School publication, the Executive Director of the Moot Court Honor Society, the Executive Director of the Frank S. Polestino Trial Advocacy Institute, and Executive Director of the Dispute Resolution Society shall provide the Office of the Registrar with the names and titles of the students eligible for academic credit. This list must be signed by the Faculty Advisor. (2) Eligible students may register for academic credit in accordance with the following guidelines: (a) All eligible full-time students must register for a minimum of twelve (12) credits and eligible part-time students must register for a minimum of eight (8) credits in the Fall semester, exclusive of credits for co-curricular activities. (b) All eligible students who are entitled to two (2) or more credits are required to reserve at least two (2) credits for the spring semester. If the eligible student is entitled to one (1) credit for the academic year, that credit must be reserved for the spring semester. (c) In the event that an eligible student is severely disadvantaged by the provisions of paragraph (a) or (b), the Editor-in-Chief or Executive Director of the respective organizations may request an administrative waiver of this requirement. (3) A student can receive academic credit awarded for service on the senior board of an academic activity from only one such activity during the students career at the Law School. If a student is serving on more than one senior board, the student may take the credits attributable to the position that will provide the greatest number of credits.

Students are eligible to receive academic credit for these activities as authorized by the Faculty Advisor(s) to the respective organization and the Associate Academic Dean. The maximum number of credits that may be authorized for each organization is as follows: Organization Law Review / Journal of Catholic Legal Studies American Bankruptcy Institute Law Review Journal of Civil Rights and Economic Development Journal of International and Comparative Law / New York International Law Review Moot Court Honor Society Frank S. Polestino Trial Advocacy Institute Dispute Resolution Society Total Credits 90

47

55

30

52 31

22

Prior to the election or appointment of students to positions in these organizations, the Editors-in-Chief of each Law School publication, the Executive Director of the Moot Court Honor Society, the Executive Director of the Polestino Trial Advocacy Institute, and the Executive Director of the Dispute Resolution Society shall submit to the Associate Academic Dean a list of positions receiving academic credit and the number of credits assigned to each, and shall make this list known to the members of

LAW SCHOOL ATTENDANCE POLICY


Attendance Policy Regular and prompt attendance is required of all students at the Law School. A student shall be permitted unexcused absences up to, but not exceeding, two times the number of credit hours in a course. For example, in a three credit-

St. Johns School of Law Student Handbook 2011-12 Page 21

hour course, a student is permitted up to six hours (four ninety minute classes) of unexcused absences. Excused absences may be based upon, but are not limited to, illness, family emergencies, religious observations, and attendance at off-campus Law School conferences or events. Faculty members may in their discretion permit fewer but not more unexcused absences than permitted above. Faculty members opting for a stricter attendance policy than set forth above shall notify the students of their policy in writing on the first day of class. Enforcement The expectation is that faculty members will monitor attendance in their respective classes. Faculty members may choose their own method for taking attendance. The Law School Administration, at the request of any faculty member teaching a class of 30 or more students during regular Law School office hours, shall designate a person from the staff to take attendance in the requesting professors class. Sanctions When the student exceeds the number of unexcused absences permitted above, the student shall be subject to sanctions. The sanction shall be disqualification from sitting for the final examination and no credit for the course, unless the professor chooses to impose a lesser sanction. Note: Accommodations are made for students who are absent because they are disabled or because of their religious beliefs. Each student who is absent from school because of disability or religious beliefs will be given an equivalent opportunity to register for classes or make up any examination, study or work requirements which the student may have missed because of such absence on any particular day or days. No fees of any kind shall be charged for making such accommodations.

from overloading on credits to the detriment of their academic success. Full-time students must register for and successfully complete 6 terms of at least 12 credits per term. Part-time students must register for and successfully complete 8 terms of at least 8 credits per term.

Full-time students may reduce the tuition charge for one semester during their law school tenure by taking between 8 and 11 credits provided that the student has taken at least three optional summer credits at this Law School that when combined with the reduced semester credit hours will equal one full semester of at least 12 credit hours. The reduced charge is equal to the part-time tuition rate. See the note below. Part-time students may reduce the tuition charge for one semester during their law school tenure by taking less than eight credits provided that the student has taken at least three optional summer credits at this Law School that when combined with the reduced semester credit hours will equal one full semester of at least 8 credit hours. The reduced charge is equal to the credit hour rate multiplied by the number of credits taken during the reduced semester. See the note below. The Law Schools residency requirements for program and tuition requirements differ from residency requirements of the Rules of the Court of Appeals. The student who intends to take fewer credits in one semester as described above must review the residency requirements of the Court of Appeals and may be required to petition the Court of Appeals for a waiver of those requirements. Note: Optional summer credits do not include credits earned by students who accelerate their date of graduation or by students who have transferred from the part-time to the full-time division, or credits earned in the St. Johns University School of Law Summer Study Abroad Program, or in a summer program offered by any other law school. For students applying for admission in New York Under the New York State Court of Appeals Rules for the Admission of Attorneys and Counselors at Law, all full-time students must take a program involving four days of scheduled classes, scheduled principally between the hours of 8:00 am and 6:00 pm, and all part-time students must take a program involving three days of scheduled classes. However, a full-time student whose first-year class schedule consists of four days of scheduled classes may satisfy the Courts requirement if the student schedules classes on at least 3 days a week in four upper-class semesters. Field placements in externships and credits earned for participation in co-curricular activities are not considered in

LAW SCHOOL RESIDENCY REQUIREMENT


There are at least five different uses of the term residency for various accrediting bodies and governmental agencies: the School of Law, the New York State Court of Appeals, the American Bar Association, the Association of American Law Schools, and the U.S. Department of Education. Each group uses somewhat different definitions. For all students The Law Schools Residency Rule is designed to ensure that students comply with the residency requirements of the ABA, AALS, and Department of Education, while also ensuring that tuition is charged on an equal basis. The residency rules are designed, in part, to prevent students

St. Johns School of Law Student Handbook 2011-12 Page 22

determining compliance with the scheduled days per week requirements. Since the rule is promulgated by the Court of Appeals, Law School administrators are not able to give a definitive interpretation of the rule or to grant exceptions. Restrictions on Outside Employment Under ABA requirements, full-time students may not engage in outside employment of more than twenty hours per week.

may request permission from the Associate Academic Dean or Associate Dean for Student Services to take a leave of absence. This request must be in writing and should set forth the students reason for making the request and the intended duration of the leave. A leave of absence may be granted, at the discretion of the Associate Academic Dean or Associate Dean for Student Services, for up to two (2) consecutive semesters. If such a leave is granted, the Associate Academic Dean or Associate Dean for Student Services will respond, in writing, to the students request setting forth the expected duration of the leave and any applicable terms or conditions under which the student will be readmitted. A maintenance of matriculation fee is charged for each semester a student is on a leave of absence. The fee reserves a students place in the J.D. degree program as a continuing student; ensures that the student will continue to receive registration materials and any other mailings to enrolled students; allows access to University facilities and services, such as the Library and Health Services; and enables application for student health insurance, if needed. A leave of absence does not extend the maximum time period allotted for obtaining the J.D. degree. A student who has been granted a leave of absence, and who cannot resume attendance in the semester immediately following the leave, may request, in writing, an extension of the leave or may withdraw from the Law School. Under no circumstances will a leave of absence be granted for more than two (2) years. A student who requests a leave of absence during a current semester may be able to retain some or all of his or her financial aid for that semester as provided by federal financial aid regulations. However, in order to avoid any conflict with federal financial aid regulations, a student is not eligible for federal financial aid from St. Johns University during the period of time covered by a leave of absence. Students who desire on-campus housing upon return from a leave of absence are responsible for notifying the Residence Life Office of their intentions with sufficient advance notice.

MAXIMUM PERIOD OF TIME FOR COMPLETION OF REQUIREMENTS FOR A J.D. DEGREE


Pursuant to ABA Standard 304(c), the course of study for the J.D. degree must be completed no earlier than 24 months and no later than 84 months after a student has commenced law study at the Law School or a law school from which the school has accepted transfer credit.

TRANSFER BETWEEN THE PART-TIME AND FULL-TIME DIVISIONS


Students may transfer between the part-time and full-time divisions upon written request to the Associate Dean for Student Services. Such requests are generally granted except for the students final semester of law school when transfers to the part-time division are not permitted. This exception is intended to avoid the potentially negative impact on the availability of graduate honors and commencement awards to students in the evening division. Requests for transfer from the part-time division to the fulltime division will require that the student complete three to seven course credits during a summer following the date of the request. Part-time evening students may not transfer between divisions prior to the completion of the first year. The minimum grade point average required for transfer from the part-time division to the full-time division is 2.50 for transfer at the end of the second semester or later, and 3.00 for transfer at the end of the first semester. Assuming that a student meets the minimum academic requirement, a request for transfer will be granted provided that space is available and that the student accepts whatever scheduling changes may be required.

LEAVES OF ABSENCE
Personal Leaves of Absence A student in good academic standing who, for personal reasons, cannot continue in attendance at the Law School

Voluntary Health Related Leaves of Absence The Universitys procedure for a Voluntary Health Related Leave of Absence is available to law students. See http://www.stjohns.edu/campus/handbook/chapter6/vla.stj.

WITHDRAWALS

St. Johns School of Law Student Handbook 2011-12 Page 23

A student who is considering withdrawal from the Law School for any reason should consult with the Associate Academic Dean or Associate Dean for Student Services to discuss possible alternatives, such as a leave of absence. After consultation, a student may withdraw from the Law School upon written notice to the Associate Academic Dean or Associate Dean for Student Services of the students intention to do so. After withdrawing from the Law School, a student who wishes to re-enroll must file a new application for admission with the Office of Admissions, absent extraordinary circumstances. A student who withdraws from a current semester may be able to retain some or all of his or her financial aid for that semester as provided by federal financial aid regulations. For withdrawals from particular courses, see the section on Examinations and Grading.

circumstances, such as a change in a students personal circumstances that requires the student to relocate for a period, or an unusual academic opportunity that is not available to the student at St. Johns. The request for visiting student status at another law school must be in writing, should set forth the students reason for making the request, and should be accompanied by supporting documentation. The Associate Academic Dean or Associate Dean for Student Services will respond, in writing, to the students request and if it is granted, will set forth any terms or conditions under which credits earned at the visiting institution will be accepted at the Law School. Such permission generally requires that the student successfully complete all required courses and a minimum of five core elective courses at St. Johns. Arrangements to obtain loan funds as a visiting student must be made through the St. Johns University Office of Financial Aid in conjunction with the visiting law school. However, a student forfeits his or her university funded financial aid award, e.g., scholarship or grant, for that period of time during which the student is not attending St. Johns and the student cannot recoup the forfeited award upon the students return to St. Johns.

VISITING STUDENT STATUS


Generally, students may not attend another law school. However, the Associate Academic Dean or the Associate Dean for Student Services may grant visiting student status at another ABA accredited law school in exceptional

St. Johns School of Law Student Handbook 2011-12 Page 24

Academic Success Programs


ACADEMIC SUCCESS PROGRAM
The Law School conducts an Academic Success Program (ASP) for all students. Throughout the fall and spring semesters, the ASP has an open-door policy for all students who wish to attend the programs workshops on various topics including grammar, learning styles, course outlining, exam-taking skills, and legal citation. Participation in the ASP is mandatory for any student whose cumulative grade point average is below a 2.2. Such students must meet individually with Assistant Dean for Academic Success Robin Boyle to discuss their academic progress. Students in the mandatory ASP will be required to participate in an intensive academic program, including enrolling in courses, subject to the approval of the Faculty Council of such courses. In addition, students with a cumulative grade point average below a 2.1 will be placed on academic probation and assigned to professors who will serve as academic probation advisors. publication. They also present workshops on writing, grammar and citation skills. Visit the Writing Centers TWEN page for a schedule of walk-in hours, a comprehensive list of writing competitions, and contact information for the Writing Consultants. The Writing Centers faculty director is Associate Academic Dean Margaret Valentine Turano (Room 4-72, extension 6632, turanom@stjohns.edu).

BAR PREPARATION PROGRAM


During the spring semester, a series of programs are conducted for graduating seniors to give them a headstart in their bar preparation efforts. Four programs are usually conducted. First, BAR/BRI offers its B.E.A.T. program over four Saturdays. The primary focus of the program is on exam technique, dealing with both essay writing methodology and techniques for multiple choice questions. Second, PMBR conducts a one-day Multistate Workshop, which includes the administration of sample exam questions in several areas covered by the multistate portion of the exam as well as analysis of questions and testing tips and strategies. Third, the Pieper Bar Review offers a oneday program on bar examination preparation and taking. Finally, the Law School conducts an intensive Bar Review Program which involves actual bar review preparation during the spring semester. Attendance at all of these programs is voluntary. However, all students are strongly encouraged to attend.

WRITING CENTER
The Law School Writing Center (room 1-10) offers law students the services of the Writing Consultants, who are among the law schools top students and best writers. Students can gather there to discuss their writing, brainstorm about ideas, practice exam-writing, and obtain materials designed to improve their legal writing. The Writing Consultants assist students who wish to enter their papers into writing competitions for cash prizes and

St. Johns School of Law Student Handbook 2011-12 Page 25

St. Johns School of Law Student Handbook 2011-12 Page 26

Examinations and Grading in the Juris Doctor Program


GRADING AND RANKING
The following system of grading is currently in effect: A+ A AB+ B BC+ C CD F 4.3 4.0 3.7 3.3 3.0 2.7 2.3 2.0 1.7 1.0 0.0

ACADEMIC DISMISSAL AND PROBATION


To be in good academic standing, a student must have a cumulative grade point average of at least 2.1. The cumulative average is the average of all grades obtained by a student from the beginning of his or her law school program and includes failing grades. A student who is not in good academic standing may not continue in the academic program. However, the Committee on Grades, in its discretion, may permit such a student to continue on academic probation if the students cumulative average is at or above 1.0. Any student whose cumulative average falls, at any time, below 1.0 will be academically dismissed, subject to the right to appeal described below. The conditions of academic probation are that the student must complete any semester in which the student is on probation with a minimum grade of C- (1.7) in each course, a minimum average for that semester of 2.1, and participation in the Law Schools Academic Success Program. In individual cases, the Committee on Grades may impose additional conditions of probation. Failure to comply with any of the terms of probation is sufficient grounds for immediate academic dismissal from the School of Law. No student will be permitted to enter the senior year unless the student has achieved a minimum cumulative average of 2.1. Any student who has not passed Legal Analysis and Writing after enrolling in it twice will be academically dismissed, and any student who has not passed Legal Analysis, Writing and Research after enrolling in it twice will be academically dismissed, unless the Associate Academic Dean or the Associate Dean for Student Services shall, upon petition, allow the student to enroll again. Students who are dismissed on the basis of their academic performance are entitled to appeal such decision to the Committee on Grades. Students readmitted after a successful appeal continue on probation and must comply with whatever conditions the Committee on Grades may impose upon such readmission. Students whose cumulative average is 2.1 or better but who, in the opinion of the Committee on Grades, have accumulated an excessive number of D grades, may be required by the Committee to repeat or substitute course credits. Generally, no student is permitted to graduate with more than 10 D credits.

The grade of D is a conditional grade. The number of D credits that a student is permitted to carry lies in the discretion of the Committee on Grades. If the committee requires a student to repeat a course in which the student has achieved a D or an F grade and no credit is given for that course, the student will be directed to either repeat that course or take a substitute course. There is no pass-fail option for graded courses. However, There is a 9-credit maximum on elective courses listed as pass-fail, including externship placements. The 9-credit maximum on pass-fail coursework does not apply to cocurricular activity, to pass-fail credits that are awarded by St. Johns School of Law for graded coursework at other institutions, or to Introduction to Law. After the add/drop period, a student may withdraw from a course only with the consent of the professor and the Associate Dean for Student Services. Withdrawal from a course is reserved for extraordinary personal or family circumstances that prevent a student from meeting a courses requirements. Such extraordinary circumstances include, but are not limited to, serious illness of the student or death of a close family member. Absent such external circumstances, a students beliefhowever well founded that he or she may receive a low grade or fail a course does not rise to the level that permits withdrawal. A withdrawal appears on a students transcript with the notation WD but does not affect ones cumulative grade point average. This paragraph does not apply to leaves of absence, which, if taken during a semester, involve withdrawal from all courses in the term. In addition to receiving grades, students are ranked within their classes at the end of the Fall and Spring semesters only.

PROBATION ADVISOR PROGRAM


St. Johns School of Law Student Handbook 2011-12 Page 27

Students on probation are assigned to individual faculty members who serve as Probation Advisors. Such assignments are distributed equally among all full-time faculty members at the beginning of each semester. The professor will receive a copy of the transcript of each probation student assigned. It is the responsibility of the student to contact the professor for an appointment and to provide a self-analysis concerning the reasons for the students poor performance. During probation interviews, the Probation Advisor will explain the terms of probation, suggest that the student review examination results with the students professors and suggest ways by which the student can improve study habits, exam-taking techniques, and other matters bearing on academic performance.

B BC+ C CD F

3.0 2.7 2.3 2.0 1.7 1.0 0.0

20% 12% 7% 4% 4% 4%

Substantial, not literal, compliance with these Guidelines by each professor is expected. These Guidelines are applicable to all first-year courses, and to all upper-level courses of 30 or more students. In addition, the faculty has adopted a mean grade range of 2.95 to 3.05 for all first-year courses and for all upper-level courses of 30 or more students. This mean grade range is mandatory for all first-year courses in the day division (and the same courses in the evening division, whenever taken), except for Legal Analysis and Writing and Legal Analysis, Writing, and Research, and small sections of required firstyear courses (fewer than 30 students) for which a mean grade range of 2.90 to 3.10 is mandatory. The mean grade range of 2.95 to 3.05 is recommended for all upper-level courses of 30 or more students. The extraordinary grade of A+ is limited to not more than 1 student or 1% of the students in a course, whichever is greater.

FACULTY OF LAW STATEMENT ON GRADE NORMALIZATION


Grade normalization, the process by which grades are distributed throughout the range of possible marks according to suggested percentages, is a standard grading practice at accredited law schools throughout the country. This statement describes the reasons for such a grading procedure and demonstrates the manner in which it is implemented at St. Johns University School of Law. Grade normalization, based principally upon faculty experience in evaluating student performance, is intended to ensure fair and just grading of students based upon their academic performance regardless of the particular course taken, the section to which assigned, the degree of difficulty of the examination, and the identity of the professor teaching the course. It prevents disparity in grading between sections and divisions, and from year to year. This is essential if students are to be fairly ranked and law school averages capable of being compared. Grades determine academic honors and are a substantial factor in determining such things as scholarship assistance, law journal memberships and participation in other cocurricular activities. Furthermore, to be reliable a grading system must be consistent over a period of time. Grade normalization enables prospective employers to compare the academic achievement of one years graduates with those of other years, and thus to develop confidence in relating St. Johns grades to the employment process. Guidelines on Grades for Students as of April 2008 Letter A+ A AB+ Grade Point 4.3 4.0 3.7 3.3 Percentage 1% 8% 15% 25%

ADMINISTRATION OF EXAMINATIONS
Upon the completion of each course, other than those where the final grade is based upon the submission of a paper, a written examination is administered which determines the students final grade for the course. Each student must be present for the examination unless excused. An excused failure to take the examination will result in a grade of INC (incomplete) on the students transcript until the course requirements are satisfied. An unexcused failure to take the examination will result in a grade of F for the course. The Law School has adopted procedures to guarantee the integrity of the examination process and to prevent dishonesty. The examinations are proctored under the supervision of the Law School administration. The Law School makes every effort to assure that examinations are fairly and honestly administered. The same fairness and honesty is expected from the students. Any incidents involving cheating or breach of examination procedures will be dealt with promptly in accordance with the Professional Misconduct Grievance Procedures. The following procedures must be followed:

St. Johns School of Law Student Handbook 2011-12 Page 28

1. Students are expected to be on time for final examinations. Be advised that a student may enter the examination room up to one-half hour after the starting time but will be granted NO EXTRA TIME to complete the examination. 2. All students are required to sign in with the hall proctors BEFORE entering their assigned examination room. PHOTO ID MUST BE PRESENTED to the proctor at this time. Students will sign out at the end of the examination, as usual. 3. Books, notes and/or other papers are to be left along the perimeter of the examination room unless otherwise permitted by the professor for an open-book exam. 4. Cellular telephones/beepers are not permitted in the examination room absent exceptional circumstances, i.e., physicians, expectant parents, etc. Such exceptional circumstances must be brought to the Registrars attention prior to the administration of the examination. 5. Proctors will ensure that students do not leave the examination room during an exam. When circumstances dictate the need for an exception, a proctor will accompany the student to the appropriate location. 6. Students who leave and return to an examination room will be required to sign out when leaving, noting the time, and the same procedure will be employed upon the students return. 7. If for some reason, a student is not able to take a final examination at the specified time, the student should advise the Associate Dean for Student Services or the Registrar. UNDER NO CIRCUMSTANCES SHOULD A STUDENT CONTACT THE PROFESSOR REGARDING ABSENCE FROM AN EXAMINATION. 8. In case of an emergency, which requires evacuation of the building, proctors will tell students to stop work immediately when the alarm sounds. It is imperative that all students follow this directive. Students should leave the premises in an orderly fashion. If and when the students are allowed to return to the building, they are NOT to begin work on the examination until the proctors inform the students of the amount of additional time to be given to complete the examination. All students in a given classroom will resume work on their test at the same time. This procedure assures that all students will get the same amount of additional time to complete their exams. If a student begins to write or to use a laptop BEFORE the proctor gives the signal to begin, that student will be reported to the Associate Dean for Student Services.

A mandatory anonymous grading procedure is utilized whereby no student may indicate his or her name in any way on answer booklets and true-false/multiple choice answer sheets. In mid-semester, the Registrar assigns each student a number that will constitute the students examination number for the semester. When anonymous numbers are assigned, a notice is placed on the TV monitors and St. Johns Central. Students may obtain these numbers online. Instructions on how to access anonymous grading numbers may be found on the Current Students page of the law school website. That number must be placed on all essay booklets and answer sheets. A master list is maintained by the Registrar, who converts numbers to names as the last step of the grading process. New anonymous grading numbers are assigned for each semester. Both answer booklets and examination question papers are collected following each examination. Examination question papers, which will be identified by the students anonymous grading number, may be returned at the conclusion of the examination period at a students request and with the faculty members permission. Accordingly, no examination question papers will be released to students (including the library and the SBA) until the last rescheduled examination has been administered. In grading essay booklets or reviewing true-false or multiple-choice results, the professor receives nothing which bears a students name or the key for conversion of a number into a name. The professor will receive a master grading sheet for the course containing only the examination numbers of all those taking the course. Additions or subtractions to the final grade based on class performance are submitted separately to the administrative office and are incorporated by the Registrar at the time of conversion from number to name. No grade will be posted until all exams (including exams administered on the make-up day) have been completed. Laptop Examination Procedures Students are permitted to use laptops for their final exams. During each semester the Information Technology Director will send an email to all students (at St. Johns email address) with the link for EXAM4 and also advise students of the dates and times of the information sessions. Attendance at one of the sessions is mandatory for firsttime users of EXAM4. Information regarding Exam4 Laptop Procedures may be found on the Current Students portion of the Law School Website.

St. Johns School of Law Student Handbook 2011-12 Page 29

Regulations and Procedures Governing Examination Scheduling, Conflicts, and Hardships All students are expected to sit for examinations at the time and place published in the examination schedule unless the examination date is rescheduled at the request of a faculty member with the unanimous consent of all affected students. Both examination papers and answer booklets will be collected following each examination. Examination papers, which can be identified by an anonymous grading number, may be returned at the conclusion of the examination period at a students request and with the faculty members permission. Examination Conflict and Hardship Policy 1. Any student who is scheduled to take an examination that conflicts with another examination may request that one of such examinations be postponed to the earliest possible time and date thereafter available in the examination schedule without creating another conflict. A conflict exists only when an examination begins less than 24 hours after the commencement of the prior examination. Any rescheduling based on a conflict requires the written permission of the Associate Dean for Student Services no later than the expiration of the drop/add deadline of the registration period. The examination schedule shall be provided with registration materials, and students will be expected to take the schedule into account when registering for their courses. Notwithstanding the foregoing limitations, any student who is scheduled to take four or more examinations on consecutive days shall be entitled, upon request, to postpone one of such examinations to the designated make-up day as described in resolution 2, below. 2. A student who is unable to take an examination because of extraordinary personal circumstances may be permitted, upon request, to postpone taking the examination. A request for any such postponement must be made in writing (when feasible) to the Associate Dean for Student Services and supported by appropriate documentation. 'Extraordinary personal circumstances are limited to such rare matters as a personal medical emergency, death or medical emergency in the immediate family necessitating the students assistance, or victimization or providing assistance in a serious crime or accident. Appropriate documentation for a personal medical emergency shall consist of a signed letter from a medical professional on professional letterhead explaining the students medical condition and containing a statement that, in the professionals opinion, the students medical condition would severely affect the students ability to perform adequately on the examination. Appropriate documentation for other extraordinary personal circumstances shall consist of a writing or writings that sufficiently establish the basis for postponement. In the discretion of the professor teaching the relevant course, a make-up examination for the examination that has been

postponed because of extraordinary personal circumstances shall be administered either on a designated make-up day immediately following the regular examination schedule (or, in emergency circumstances, as soon as possible thereafter) or when the course is next offered. In order to protect the integrity of the anonymous grading procedure, a student who has been directed to take a make-up examination on the make-up day may not disclose his or her identity to, or discuss the circumstances with, the professor teaching the relevant course until after grading has been completed. 3. A student who has been granted permission to postpone an examination based on a conflict or extraordinary personal circumstances will be required to sign a statement attesting to the fact that he or she has not discussed the content of the examination with any other student prior to taking the examination. Such statement is not required where the student has been directed to take the examination when the course is next offered. Review of Examinations Students wishing to discuss their examinations and course grades with a professor may arrange with that professor a mutually agreeable time to do so. Some professors offer group post-mortem sessions to review the exam. It is the policy of the Faculty that the professor will provide individual review of essay examination answers upon the request of students in his or her class with conditional (D) or failing (F) grades. The scope of review is within the professors discretion. Students with a grade of C or better are also entitled to a review of their essay answers but the professor may, as an alternative to individual review, allow the student to compare his or her essay examination paper with a model answer or another examination paper. No review need be granted after the end of the regular semester following the exam in question. Examinations given in the spring semester may be reviewed up to the conclusion of the following fall semester. Professors who use a true-false or multiple-choice component to their exams are not required to review individual questions with students. Grades are final when posted by the Registrar. Generally, a grade will be changed only if the professor has made an error in computation. The evaluation of academic performance necessarily involves the exercise of judgment by a faculty member. Any student contending that a faculty member has graded that student in an unfair manner and on a basis other than evaluation of the students academic performance may pursue such complaint through an Academic Fairness Procedure administered by the Faculty Committee on Grades.

MIDTERM AND OTHER INTERIM ASSESSMENTS

St. Johns School of Law Student Handbook 2011-12 Page 30

On November 17, 2010, the Faculty Council voted to require, as a minimum, a midterm exercise/assessment that provides meaningful feedback to the students in all first-

year courses, and recommended the same for upper level courses. The exercise/assessment can be graded or ungraded in the discretion of the professor.

St. Johns School of Law Student Handbook 2011-12 Page 31

Law School Scholarships


JURIS DOCTOR CANDIDATES ENTERING SCHOLARSHIPS: COVERAGE, RETENTION, AND ADJUSTMENTS
Full-Tuition Scholarships For students entering Fall 2011 and thereafter: scholarships are renewable for each subsequent year of matriculation, provided that the student maintains a required cumulative academic rank. If a students class rank, after each academic year, places him or her in the upper 40% of the students class, the student will retain 100% of the scholarship. If the class rank places the student in the upper 55% of his or her class, the student will retain 75% of the scholarship. If the students class rank places him or her in the upper 65% of your class, the student will retain 55% of the scholarship. For Vincentian and Ron Brown Scholarships, the retention standard is good academic standing. Other Scholarship Policies and Awards Transfer of Divisions The amount of scholarship funds awarded may be prorated for students who transfer between divisions so that the total scholarship award will equal that which the student would have expected to receive over a three or four-year period.

St. Thomas More, Vincentian, Ron Brown, and Law School Academic Scholarships Full-tuition scholarships cover the full cost of tuition during the academic year and summer sessions.
For students entering before Fall 2011: For St. Thomas More and other academic scholarships, the retention standard is a class standing in the top half of a students class as determined cumulatively at the end of each academic year. For Vincentian and Ron Brown Scholarships, the retention standard is good academic standing. For students entering Fall 2011 and thereafter: For St. Thomas More and other academic scholarships, scholarships are renewable for each subsequent year of matriculation, provided that the student maintains a required cumulative academic rank. If a students class rank, after each academic year, places him or her in the upper 40% of the students class, the student will retain 100% of the scholarship. If the class rank places the student in the upper 55% of his or her class, the student will retain 75% of the scholarship. If the class rank places the student in the upper 65% of the class, the student will retain 55% of the scholarship. For Vincentian and Ron Brown Scholarships, the retention standard is good academic standing. Note (applicable to all students): When a student receives a full-tuition refund upon taking a leave of absence or withdrawing from the Law School, the entire scholarship award is rescinded. In the case of partial tuition refunds, the amount of the scholarship award is pro-rated as appropriate. Partial-Tuition Scholarships

Reinstatement Any scholarship that is revoked because of failure to meet the retention standard may be reinstated, upon request, if the scholarship recipient meets the retention standard at the conclusion of the following academic year. Upper-Division Scholarships In addition to the entering scholarships available to Law School students, students may become eligible for scholarship assistance after completing the first year. Deans Scholarship The Deans Scholarship is awarded annually to the student who attains the highest cumulative grade point average after completion of each academic year in the day and evening divisions. The award is for the upcoming academic year only.
The annual awards are as follows: Day Students: $15,000. Evening Students: $10,000. Note: Deans Scholarship awards are awarded in lieu of, and not in addition to, scholarship awards made upon admission to the Law School. See Visiting Student Status for the effect of such status on a scholarship award. External Scholarships The Law School regularly receives notices from outside organizations regarding the availability of scholarship assistance to law students and publishes the availability of

Law School Academic Scholarships Partial-tuition scholarship awards are applied to the cost of tuition during the academic year only and not to summer tuition.
For students entering before Fall 2011: the retention standard is a class standing in the top half of a students class as determined cumulatively at the end of each academic year. For Vincentian and Ron Brown Scholarships, the retention standard is good academic standing

St. Johns School of Law Student Handbook 2011-12 Page 32

these scholarships on the Law Schools website as they are received. A partial list of the sponsors of these scholarship awards is as follows: The Brandeis Association; The Catholic Lawyers Guild of the Diocese of Brooklyn and Queens; The Columbian Lawyers Association (First Judicial District, Nassau and Queens Counties); The Flushing Lawyers Club; The New York State Trial Lawyers Association; and the Association of the Bar of the City of New York.

Students wishing to apply for the ABI Scholarship should send an application letter to the Director of the Program outlining the students eligibility based on the foregoing criteria with appropriate supporting materials. The Robert M. Zinman Bankruptcy Scholarship The Robert M. Zinman Bankruptcy Scholarship Fund provides an annual scholarship to a deserving LL.M. in Bankruptcy student at the Law School based on the students credentials, demonstrated interest in bankruptcy law and potential for success in the field. Students wishing to apply for the Robert M. Zinman Bankruptcy Scholarship should send an application letter to the Director of the Program outlining the students eligibility based on the foregoing criteria with appropriate supporting materials. The Richard Lieb Bankruptcy Scholarship The Richard Lieb Bankruptcy Scholarship Fund provides an annual scholarship to a deserving LL.M. in Bankruptcy student at the Law School based on the students credentials, demonstrated interest in bankruptcy law and potential for success in the field. Students wishing to apply for the Richard Lieb Bankruptcy Scholarship should send an application letter to the Director of the Program outlining the students eligibility based on the foregoing criteria with appropriate supporting materials.

LL.M. IN BANKRUPTCY CANDIDATES


Law School Scholarships There is a limited partial scholarship fund available to the LL.M. in Bankruptcy students. The scholarships are awarded based on the individuals credentials, potential for success and need. Students interested in applying for such scholarships should submit a letter discussing the foregoing criteria to the Director of the Program, requesting a scholarship. ABI Scholarship The American Bankruptcy Institute currently awards a $15,000 annual scholarship to a student in the LL.M. in Bankruptcy Program. The scholarship is awarded based on the students credentials, demonstrated interest in bankruptcy law and potential for success in the field.

St. Johns School of Law Student Handbook 2011-12 Page 33

Academic Honors and Awards for the Juris Doctor Degree


ANNUAL HONORS AND AWARDS
Deans List Deans List of honor students is maintained at the end of each semester. The Deans List will include students with a semester grade point average in the top 25% of the class (as rounded), except those students repeating courses. CALI Excellence for the Future Awards Program The CALI Excellence for the Future Awards program recognizes excellence achievement by law students in their studies. American Bankruptcy Law Journal Prize The American Bankruptcy Law Journal awards a free oneyear subscription to the Journal to the student who earns the highest grade in any bankruptcy class. For the course to qualify as a bankruptcy class the primary focus must be on bankruptcy; included (without limitation, in the spirit of the Bankruptcy Code) would be basic bankruptcy, creditors rights or debtor-creditor, bankruptcy reorganization, consumer bankruptcy, LoPuckis debtorcreditor players game, and bankruptcy seminars. The winning student will receive a certificate of achievement from the Journal. Every year the Journal will publish the list of award winners. Michele G. Falkow Excellence in Legal Writing Award The Michele G. Falkow Excellence in Legal Writing Award was established in memory of Michele G. Falkow, a former School of Law Assistant Professor of Legal Writing and is awarded each year to the first-year student who submits the best brief in the Legal Analysis, Writing and Research course. Top 25% of the class (as rounded) (acknowledged by certificate). Note: Conventional rounding will be utilized to determine honors awards. For purposes of determining Latin honors and commencement awards, all January graduates and September graduates who began with the graduating class will be included with June graduates of the same year. The final cumulative grade point averages of day and evening students will be consolidated for ranking and honors purposes at the time of graduation.

COMMENCEMENT AWARDS
Outstanding student performance is recognized by graduates and friends who support the presentation of student awards each year. The following awards are made to graduating students: ALI-ABA Scholarship and Leadership Award Awarded to the student in the graduating class who best represents a combination of scholarship and leadership, the qualities embodied by the ALI-ABA parent organizations, the American Law Institute and the American Bar Association. American Bankruptcy Institute Medal for Excellence in Bankruptcy Studies Awarded to the student in the graduating class who has demonstrated excellence in the study of Bankruptcy Law. American Bar Association/Bureau of National Affairs Award for Excellence in the Study of Intellectual Property Law Awarded to students who demonstrate superior academic performance in the field of Intellectual Property Law. American Bar Association/Bureau of National Affairs Awards for Excellence in the Study of Labor and Employment Law Awarded to students who demonstrate superior academic performance in the field of Labor and Employment Law. American Bar Association/Bureau of National Affairs Award for Excellence in the Study of Health Law Awarded to students who demonstrate superior academic performance in the field of Health Law. Dianne Marie Arrue Memorial Award Established by the classmates of the late Dianne Marie Arrue, a student committed to public interest work and service, and awarded to a graduate who has demonstrated

GRADUATION HONORS
When the academic performance of a student has been exceptional, as demonstrated by the criteria indicated below, his or her degree will be awarded with honors as follows:

Summa Cum Laude Top 1% (as rounded) of the class, plus a cumulative GPA of at least 3.85. Magna Cum Laude Top 4% of the class (as rounded). Cum Laude Top 15% of the class (as rounded). Deans List

St. Johns School of Law Student Handbook 2011-12 Page 34

extraordinary commitment to public interest work, including dedication to and leadership of the student Public Interest Committee. The Dean selects the recipient, upon the recommendation of the Director of the Public Interest Center. Justice Harold Birns Award Established by Renee Birns in memory of her husband, Justice Harold Birns, an honor graduate of the class of 1937, and awarded to the student in the graduating class who has published the best note in a student journal. Justice Albert H. Bosch Award Established by Justice Albert H. Bosch, a graduate of the class of 1933, and awarded to the students in the graduating class who has demonstrated excellence in the area of trial or appellate advocacy. Dean Mary C. Daly Memorial Prize Established by alumni and friends in memory of Dean Mary C. Daly, former Dean and John V. Brennan Professor of Law and Ethics (2004-2008), and awarded to the student in the graduating class who has achieved the highest grade in Professional Responsibility. Ned D. Frank Award Established by Justice and Mrs. Harry B. Frank to perpetuate the memory of their son, Ned D. Frank, a member of the class of 1960, and awarded to the student in the graduating class who achieves the highest grade in Criminal Law. Daniel A. Furlong Award Awarded to the student in the graduating class who, in the opinion of the Dean, has rendered outstanding service and leadership to the Law School community. Rita Giannone Memorial Award Established by friends and family in memory of Rita Giannone, a member of the class of 1981, and awarded to the student in the evening division of the graduating class who has achieved the highest grade in Constitutional Law. Justice David T. Gibbons Award Established by the Bar Association of Nassau County, New York and members of the Gibbons family in memory of the late Justice David T. Gibbons, a member of the class of 1949, and awarded to a student in the evening division who has achieved the highest grade in Evidence. Esterina Giuliani Award Established by Esterina Giuliani 06 and awarded to the student in the evening division who has achieved the highest cumulative grade point average.

International Academy of Trial Lawyers Award Awarded to the student in the graduating class who achieves the highest grade in Evidence. Joseph Kerzner Prize Established through a generous endowment from Joseph Kerzner, the prize is awarded to the student in the graduating class who has achieved the highest cumulative grade point average. Timothy J. Meehan Memorial Award Established by the family and friends of the late Timothy J. Meehan, a member of the class of 1974, and awarded to the student in the graduating class who achieves the highest grade in Advanced Real Estate. National Association of Women Lawyers Award Awarded to an outstanding law graduate of each American Bar Association approved law school who shows promise to contribute to the advancement of women in society. New York State Bar Association Law Student Bar Association Achievement Award Awarded to a student in the graduating class whose activities, performed in or through an organized bar association, constitute a positive contribution to the aims of the legal profession and the extension of justice to the people of the State of New York and/or the people of these United States of America. Pro Bono Service Award Awarded to the student(s) who, in furtherance of the goal that members of the legal profession and those aspiring to enter the legal profession have a special professional responsibility to assist in providing quality legal services to those who cannot afford them, successfully completed at least 30 hours of law-related volunteer work prior to graduation. Tyler Ramaker Memorial Award Established by the family and friends of the late Tyler Ramaker, a member of the Moot Court Honor Society, and awarded to the graduating Moot Court student who demonstrates outstanding service, leadership through action, dedication, and cooperative teamwork. The Dean selects the recipient, upon the recommendation of the Moot Court Honor Societys incoming Executive Board. Chief Judge Edward D. Re Commencement Prize Established in honor and memory of Chief Judge Edward D. Re, an honor graduate of the class of 1943, who was Chief Judge Emeritus of the U.S. Court of International Trade and served as a professor at St. Johns University School of Law. Awarded to the student in the graduating class who is selected by the Dean based on outstanding scholarship and service.

St. Johns School of Law Student Handbook 2011-12 Page 35

School of Law Alumni Association Pro Bono Prize Established by the School of Law Alumni Association and awarded to a graduating student of high academic standing with exceptional pro bono service. Springer Legislative Award Established by Adele I. Springer, 30L in honor of her brother, Jack Springer (33), to encourage appreciation of the law making process and the enactment of worthwhile legislation and awarded to the student in the graduating class who achieves the highest grade in a legislation course. St. Vincent de Paul Legal Program, Inc., Elder Law Clinic; Child Advocacy Clinic; and Securities Arbitration Clinic Awards Awarded to the students who made the most outstanding overall contribution to each of the clinics. Justice Louis Wallach Memorial Award Established by friends and family of the late Justice Louis Wallach, a graduate of the class of 1946, and awarded to the student in the graduating class who achieves the highest grade in New York Practice.

The Wann Family Foundation Award Established by Robert Wann, Jr., 07 and awarded to the students in the graduating class who achieve the highest grade in each of the following courses: Banking Law and Regulations; Securities Regulation; Business Planning; Corporate Finance; and Supreme Court Seminar. Morton Wasserman Award Established by Frances Wasserman in memory of her husband, Morton Wasserman, and awarded to the student in the graduating class who achieves the highest grade in Property I. Cornelius W. Wickersham, Jr. Award Established by the Federal Bar Council and awarded to the student in the graduating class who achieves the highest grade in Constitutional Law.

Note: In cases in which two or more students have equally high grades, the award will be given to the student with the higher cumulative grade point average.

St. Johns School of Law Student Handbook 2011-12 Page 36

St. Johns School of Law Student Handbook 2011-12 Page 37

Law School Faculty


COMMUNICATIONS WITH FACULTY MEMBERS
Faculty members are available to meet with students to discuss academic and related matters. Students are encouraged to visit their professors throughout the semester, not just in the final days before exams. Most fulltime faculty offices are located on the fourth floor. A list of faculty office hours is posted near the Fourth Floor reception desk. Many faculty members maintain an open door policy or will meet with students by appointment. Professors will typically list their preferred means of communication on their course syllabi. Messages for adjunct professors may be left at the Fourth Floor reception desk.

FACULTY RESEARCH PROGRAM


The Faculty Research Program of the Law School seeks J.D. students who have completed the course in Legal Analysis, Writing and Research to assist faculty members on various research projects. The minimum requirement is a 3.0 cumulative grade point average at the Law School and demonstrated excellent legal research and editing skills. Research Assistants may serve up to 20 hours per week during the academic year and 35 hours during the summer (July and August). Compensation is $10 per hour.

St. Johns School of Law Student Handbook 2011-12 Page 38

St. Johns School of Law Student Handbook 2011-12 Page 39

General Information
ACCIDENT AND SICKNESS INSURANCE
The University requires all students to have accident insurance. When students register, they are automatically charged a small fee and provided with accident insurance coverage. As of September 1993, the University requires all students holding an F-1 or J-1 visa to have sickness insurance, which is provided through the University. All resident students are required to have sickness insurance. This coverage can be provided by the University policy or through their own comparable coverage. Sickness insurance is available at low-cost student rates to all full-time and part-time undergraduate and graduate students. Information about these programs is provided at the beginning of the academic year. Students may apply online at www.universityhealthplans.com. Inquires may be directed to the Office of Student Financial Services at (718) 990-7592. Health Insurance Plans are also available to student members of the American and New York State Bar Associations. Brochures are made available at the fourth floor reception desk when received from these organizations. regular basisbut certainly no less than once per dayand to respond to requests and directives in a timely manner. The University reserves the right to send official communications to students by e-mail with the full expectation that students will receive e-mail and read these e-mails in a timely fashion. Certain communications may be time-sensitive. The University will not excuse any student who does not read or receive official e-mails in a timely manner. The University strives to minimize mass e-mail communication so that students are not sent unnecessary or repetitive information. Students check their STJ e-mail account using Microsoft Live. Microsoft Live allows users to redirect e-mail to a secondary address (e.g., Gmail, AOL, Hotmail, Yahoo). In recognition of this fact, the Law School promulgates the following policy for students who choose to redirect their official, STJ e-mail to a secondary address: St. Johns does not encourage redirection of email. Students who choose to redirect e-mail from their STJ account to an outside provider do so at their own risk. It is the students responsibility to keep the secondary address secure and current. Students should ensure that their STJ e-mail is not being improperly categorized as junk mail. The University is not responsible or liable for any difficulties that may occur in the proper or timely transmission or access to e-mail forwarded to any other address and any such problems will not absolve students of their responsibility to know and comply with the content of official communications sent to their official St. Johns email addresses.

CLASSROOM USAGE
Students may use the classrooms for study purposes whenever available. Soda cans, paper cups, food and smoking in classrooms are strictly prohibited.

COMMUNICATIONS NETWORK
School of Law Website The Law Schools official website is located at www.law.stjohns.edu. Announcements regarding upcoming events and law school news are featured on the Home Page. When possible, the website is also used to communicate weather-related emergency closing and class cancellation information in the News box. Registration materials, exam schedules, and other information of importance to students can be found on the Current Students portion of the site. E-Mail The University provides a free e-mail account (@stjohns.edu) to every registered student. The University sends electronic communications only to students official e-mail addresses. As in law practice, it is a students professional responsibility to check his or her e-mail on a

TV Monitors One method of communication within the law school is the network of closed circuit television monitors located throughout the building. Notices on the monitor pertain to assignments, class cancellations, rescheduling of classes and other important announcements. Please contact Maureen Mulligan at mulligam@stjohns.edu to post an announcement. Bulletin Boards Several bulletin boards may also be used for posting announcements. The administrative bulletin boards, next to the elevators on each floor and outside the Law Library entrance on the first floor, contain announcements pertaining to assignments, cancellation or rescheduling of classes, and other important notices.

St. Johns School of Law Student Handbook 2011-12 Page 40

In addition, bulletin boards are located throughout the Law School building which contain notices from the Law Library, Career Services, Office of Alumni Relations, Registrars Office, and student organizations.

IMMUNIZATION AND MENINGITIS DOCUMENTATION


New York Public Health Law 2165 requires that students born on or after January 1, 1957 be immunized against measles, mumps, and rubella. Registration will not be processed for any student who has not complied with the provisions of this law. Failure to satisfy this requirement within thirty days after the semester begins will result in the preclusion from registering for the following semester, and will have their accounts placed on hold. The immunization form as well as the physical form can be obtained in the Health Office. St. Johns, in compliance with New York Public Health Law 2165 , requires all university students to complete and return the meningitis form to the Office of Health Services.

DINING FACILITY
The Law School dining facility is open during the following hours when classes are in session: Monday-Thursday Friday 7:30 a.m. 8:30 p.m. 7:30 a.m. 3 p.m.

Special hours during exam periods and the summer session will be posted.

EMERGENCY SCHOOL CLOSING NOTIFICATION


All students are encouraged to sign up for the Universitys emergency notification text message system. In the event of severe winter weather or other emergency, University information will be accessible by calling 1-800STJ-2499. When practicable, emergency information will be posted on the main University website, http://www.stjohns.edu. An audix message will be recorded on the Law School reception desk telephone number (718) 990-6600. Area radio and television stations will include St. Johns in their listings of school delayed openings or closings. Such a closing will be broadcast on the following area stations: RADIO: WINS WOR WCBS WALK WHLI WBAB WBLI TELEVISION: 1010 AM 710 AM 880 AM 97.5 FM 1100 AM 102.3 FM 106.1 FM News 12 Long Island

LAW SCHOOL TRANSCRIPT REQUEST PROCEDURE


Transcript requests may be made either in writing or online through the law school website. Transcript Request Forms are available at the Fourth Floor Reception Desk. There is no charge for official or unofficial transcripts. Transcript requests will be given priority so that they will be mailed within 2 to 3 days of a request. However, requests should be made at least one week before the transcript is needed.

LOCKERS
Lockers are available on the ground floor of the Law School building and are free of charge for Law School students.

LOST AND FOUND


Lost and Found items should be reported and turned into the Public Safety Office located in the ROTC Building/McDonald Center (Goethals Avenue by Gate 6 ext. 6281).

FACILITIES MANAGEMENT
In order to report any problem with the Law School facilities, contact the Reception Desk at extension 6600. After hours, if immediate attention is required, contact Public Safety at extension 6281 or 5286.

OUTSIDE ORGANIZATIONS ACCESS TO THE LAW SCHOOL


It has been the School of Laws long-standing policy to limit access to the Law School by outside organizations. In furtherance of the School of Laws educational mission to prepare its students to enter the legal profession, the only

St. Johns School of Law Student Handbook 2011-12 Page 41

outside organizations that are given access to the Law School are those that relate directly to the transition of students to the legal profession, such as bar associations, legal publishers, and bar-exam prep courses. Pursuant to carefully monitored regulations, procedures and schedules, such organizations have been allowed to have their representatives present at information tables in the Law School cafeteria and to have their promotional literature distributed at such tables. However, the dissemination of promotional literature in student e-mail by any other outside organization, including bar exam prep courses, or students acting on their behalf, is prohibited. The foregoing policy has been very successful in balancing the interest of law students in receiving information that is directly relevant to their preparation for the legal profession while at the same time preserving the dignity, appearance, and professional environment of the School of Law. The policy is enforced in an even-handed, across-theboard manner that neither favors nor handicaps particular outside organizations based on the content of their message. Please note that law student organizations are free to conduct informational programs at the Law School with outside speakers relating to the organizations areas of interest. The timing and location of such programs must be arranged by the student organization in advance with the Law School administration pursuant to calendar-clearance procedures. Such programs may be advertised by the posting of a notice on the TV monitor or by dignified posters on designated student bulletin boards.

2. All persons parking their vehicles on the campus do so at their own risk. The University is not responsible for the theft of any vehicle, its contents, or for damages sustained by a vehicle parked on campus property. 3. All vehicles not bearing a proper permit are subject to a summons. 4. Vehicles non-compliant with the Parking Rules and Regulations or vehicles with multiple/recurring violations may be towed at the owners expense. 5. All students are subject to the Universitys vehicle and parking regulations. All regulations can be found on the web at www.stjohns.edu/campus/publicsafety/parking HOW TO APPLY FOR SJU PARKING PERMITS 1. If you are returning to the University, you can apply via the web at www.stjohns.edu. Permits will be mailed home within five business days from the date of order. 2. To apply via the web, please visit www.stjohns.edu and then click on the Login under the UIS option. Once you are on that page, click on click here to log in. You will be instructed to enter you user ID and pin number. If you need assistance with the online registration, please visit the Office of Public Safety, located in the ROTC Building/McDonald Center. 3. All applicants must possess a valid SJU ID (Storm card) to obtain a permit. 4. All permits are renewed in August of each year.

PARKING
ALL STUDENTS, DAY AND NIGHT, GRADUATE AND UNDERGRADUATE, MUST HAVE A PERMIT TO PARK ON CAMPUS. In order to accommodate the parking needs of the University community, the Department of Public Safety has developed a Parking Permit Program. All members of the University community who wish to park on campus must have an appropriate parking permit. Parking on campus is not an entitlement and is limited by available parking space. Parking privileges can be refused or revoked at the discretion of the University. When a person accepts a permit, he or she does so with the following understanding. 1. The purchase of a permit gives the SJU members the privilege to park on campus, in designated areas based on availability. The purchase of a permit does not guarantee a parking space on the campus.

5. All permits must hang from the rear view mirror. Failure to display the permit will result in a $50 fine.

HANDICAPPED PARKING The Queens, Staten Island and Oakdale campuses have a number of handicapped parking spaces designated by blue lines and appropriate signage. Pursuant to NYS Law, only individuals who display a permanent or temporary handicapped parking tag, issued from the state, town or municipality, in their vehicles are authorized to park in a designated handicapped parking space. Such individuals must also purchase a St. John's permit for university identification purposes. Any member of the University community with a temporary disability and requesting permission to park in a designated handicapped parking space must apply to the appropriate municipal authority to secure a temporary NYS handicapped parking decal. Handicapped parking spaces are limited and, pursuant to law, only individuals with appropriately issued permits can park in these locations.

St. Johns School of Law Student Handbook 2011-12 Page 42

Visit the Public Safety www.stjohns.edu/campus/publicsafety information.

website at for further

For more information, www.stjohns.edu/services/shuttle.

see

SMOKING RECREATION
The Campus Recreation Department promotes the physical and moral well-being of students through intramural, club sports and fitness and wellness activities. The recreational facilities intramural, wellness and club sport programs help students achieve physical development, neuromuscular skill and social enjoyment through sports and games. Carnesecca Arena and The Taffner Field House are open to students from 7 a.m. 11 p.m Monday through Friday,10 a.m. 9 p.m. on Saturdays and 12 p.m.-9 p.m. on Sundays. Special hours are in effect during holidays and summer. Recreation facilities include basketball and racquetball courts, multi-purpose exercise room and Fitness Center, a lighted stadium with state-ofthe-art Fast Track 942, two (2) field surface field, as well as baseball and softball fields. On the Queens campus, the following intramural tournaments and events will be offered: 5-on-5 Basketball League, including a womens division; womens volleyball league; Co-Ed Volleyball Tournament (possibly outdoor); three-point shooting contest; a softball league; a softball hitting contest; a spring fun run; ultimate Frisbee; waffleball; table tennis tournaments and various runs. Class instruction is also available in aerobics, fitness tennis and weight training. Club sports include bowling, mens volleyball, roller hockey, judo, and karate. New clubs are added as student interest requires. To comply with the Smoke-Free Air Act, as enacted by the City of New York, and in order to provide employees and students with a healthy environment, effective April 10, 1995, IT IS THE POLICY OF ST. JOHNS UNIVERSITY TO PROHIBIT SMOKING IN ALL BUILDINGS AND FACILITIES. IF YOU MUST SMOKE, DO SO AT LEAST 40 FEET FROM THE LAW SCHOOL building in designated areas. Failure to comply with this requirement can result in disciplinary action and sanctions.

STORM CARDS
The St. Johns University Storm Card provides students with visual identification and must be carried by law students at all times. It also allows students to set up debit accounts for purchases at vending machines (snack and soda machines, photocopiers, computer lab printers and laundry facilities, etc.) and to make purchases at any of the University dining facilities and bookstore. The Storm Card also has the ability to provide access to campus buildings and parking facilities. The Storm Card Office is located in the ROTC Building, extension 6257 and is open Monday Thursday, 8:30 a.m.-4:30 p.m. and Friday, 8:30 a.m.-3 p.m.

STUDENT FILES, ACCESS TO AND CONFIDENTIALITY OF


The Registrars Office maintains students academic files. Because of the stringent requirements of the New York State Court of Appeals for truth and accuracy, it is necessary for students to provide correct information concerning the answers to questions on the admissions application. A duplicate copy of the application is sent to the New York State Board of Bar Examiners Committee on Character and Fitness after a student passes the Bar examination. Each student is responsible for ensuring that an official transcript denoting the undergraduate degree awarded is included in the students file. An official transcript means a transcript certified and sealed by the issuing school and sent directly to the Law School. The LSDAS copy is not sufficient. The Family Education Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. They are:

SHUTTLE BUS SERVICE


The Division of Student Affairs is pleased to announce the newly expanded University wide shuttle bus service. In addition to inter-campus service between the Manhattan and Staten Island campuses, the Queens campus will offer shuttle buses to assist students with their transportation needs. The Queens shuttle will provide service both to and from the off-campus apartments located on Union Turnpike and to the Kew Gardens subway/bus stops. Additionally, on the weekends the Queens shuttle will make trips from the campus to New York City cultural and entertainment activities. The shuttle bus is a free service open to all University students.

St. Johns School of Law Student Handbook 2011-12 Page 43

(1) The right to inspect and review the students education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. (2) The right to request the amendment of the students education records that the student believes are inaccurate or misleading. Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend a record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. (3) The right to consent to disclosure of personally identifiable information contained in the students education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. (4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605 A Public Notice about Social Security Numbers New York State Education Law prohibits the use of the Social Security number for identification purposes. Additionally, the federal Family Educational Rights and Privacy Act of 1974 (FERPA) prohibits the release of the Social Security number without a students prior written consent. Neither the State of New York nor the Federal government requires the release of Social Security numbers except in a few carefully defined situations, chiefly related to verification of entitlement to financial aid. Because of the above and because the Social Security number is not a part of a students educational history, the Office of the Registrar at St. Johns University does not confirm or in any other way make reference to or reveal a students Social Security number. When we confirm or verify a students enrollment or the award of a degree, we certify academic information that our records contain, information that originates with us and over which we have authority. If, for example, we confirm that St. Johns University School of Law awarded a Juris Doctor degree to Jane Doe on June 1, 2003, we assert that our records indicate that a person with this name received the degree indicated on the noted date. We do not, nor should we, authenticate anyones identity. Directory Information FERPA provides that Directory Information may be released to any person without the written consent of the student, unless the student has requested that such information not be disclosed. Directory Information of St. Johns University is on file in the Registrars Office and includes a students name, address, telephone number, date and place of birth, major field of study, dates of attendance, degrees, honors and awards received, participation in officially recognized activities, and the most recent educational institution attended. Although the directory in which this information is contained is generally not circulated outside of the University, requests for such information are frequently received. Students who do not want any or all of the information designated as Directory Information to be disclosed must complete the Directory Information Form by the end of the second week of classes and submit it to the Office of the Registrar. The Directory Information Form may be obtained from the Office of the Registrar or downloaded from the Law School Registrar web page. This form must

St. Johns School of Law Student Handbook 2011-12 Page 44

be submitted each semester. Be advised that if a student requests that all Directory Information be withheld, the Registrar is thus prevented from certifying information for loans, employment, etc. and the students name may not appear in the Commencement Booklet. In addition to the foregoing information, participation in intercollegiate sports by student-athletes and their height and weight are considered Directory Information. Student-athletes who do not want any or all of this information to be disclosed must advise the Director of Athletics in writing on or before Oct. 1 of each academic year. Recently, FERPA was amended to indicate that an institution does not violate FERPA if it informs the parents or guardian of a student who is under the age of 21, that the institution has determined that the student has committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance, even if the violation is in the students education record. The amendment does not impose any affirmative obligation on the institution to inform parents of the disciplinary violation; rather it specifically states that such action does not violate FERPA or the Higher Education Act. Additional information regarding FERPA policies and procedures is available in the Office of Student Life, University Center Lounge (Ext. 6567). Note: In accordance with the Buckley Amendment, students are permitted to peruse their files by completing a General Request Form. The form for this purpose is available at the reception desk in the Office of Registrar and on the Law School Registrar web page. Requests to add or subtract information from a file must be submitted in writing.

Requests for undergraduate or graduate school loan deferments and transcripts are handled through the Office of the Registrar.

USE OF THE CREST AND SEAL OF ST. JOHNS UNIVERSITY


The Crest and Seal of the University are the exclusive property of St. Johns University (N.Y.). The use of the Crest or the Seal is prohibited except with the expressed permission of the Secretary of the University.

USE OF THE NAME OF ST. JOHNS UNIVERSITY


Students of St. Johns University whether individually or collectively shall not use the name of St. Johns University or the names of any of its units for any activity outside the regular work of the University without written consent of the proper authorities. Violation of this rule is regarded as sufficient cause for dismissal.

WEB REGISTRATION
St. Johns University students may use the World Wide Web to register for classes and to access final grades, individual Financial Aid and Bursar information, to pay tuition, and to update personal information. The address to log onto this system is www.stjohns.edu/central/. Web registration instructions are included in the registration packet which is available outside the Fourth Floor offices and on the Web each semester.

UNDERGRADUATE/GRADUATE LOAN DEFERMENT REQUESTS

St. Johns School of Law Student Handbook 2011-12 Page 45

Policies and Procedures


POLICIES AND PROCEDURES OF ST. JOHNS UNIVERSITY
All students at St. Johns University are expected to know and abide by the Universitys regulations. These regulations are contained in Section 6 of the St. Johns University Student Handbook (www.stjohns.edu/campus/handbook/chapter6/ chapter6.stj). The specific procedures indicate the administrator responsible for the initiation of the process. The University reserves the right to have the President or his designee review any action and make the final determination. Academic Regulations Non-Academic Regulations, Student Code of Conduct and Campus Regulations and Procedures Computer and Network Use Policy Student Activities: Policies and Procedures Greek Letter Organizations Non-Academic Judicial System Demonstration Policy and Procedures Statement on Disabilities Policy Against Discrimination and Sexual Harassment and Related Grievance Procedures Procedure for Psychological Disturbance HIV/AIDS Policy Drug and Alcohol Policy Public Safety Security Policy for Events Request for a Voluntary Health Related Leave of Absence a) All final examinations are graded anonymously and students are assigned new anonymous grading numbers for each semester. b) Upon request of the student, a faculty member provides an individual review of essay answers for any student with a D or an F grade. c) At the request of class representatives, a faculty member conducts a general examination review for the class.

Subject Matter The Faculty of the School of Law recognizes that the evaluation of academic performance necessarily involves the exercise of judgment by a faculty member. Accordingly, this Academic Fairness Procedure is available only to consider a students claim that a faculty member has graded that student in an unfair manner and on a basis other than evaluation of the students academic performance. Procedure 1. If a student wishes to invoke this Academic Fairness Procedure, the student must, within thirty days of the date of the posting of the grade in question, give notice of the particular complaint to and consult with the faculty member concerned. Such time limitation may be extended by the Committee on Grades for good cause shown.
2. If the complaint is not resolved to the satisfaction of the student within seven days from the date of consultation with the faculty member, and the student wishes to pursue this Academic Fairness Procedure, the student must within seven days thereafter bring the complaint to the attention of the Dean. Upon request of the faculty member the Dean shall require the student to reduce the complaint to writing. The Dean shall attempt to resolve the complaint informally in consultation with the student and the faculty member. 3. If the complaint is not resolved through such informal consultation within seven days after it has been brought to the Deans attention, and the student wishes to pursue the complaint, the student may do so in writing to the Chair of the Committee on Grades and the faculty member concerned. 4. The Committee on Grades shall convene within seven days of such submission to consider the complaint. The student shall have the burden of establishing by a fair preponderance of the credible evidence that the faculty member has graded that student in an unfair manner and on a basis other than evaluation of the students academic performance.

POLICIES AND PROCEDURES OF ST. JOHNS UNIVERSITY SCHOOL OF LAW


The following policies and procedures have been adopted by St. Johns University School of Law and apply solely to students enrolled in the School of Law. Academic Fairness Procedures

Introduction A grade at the School of Law is generally based on a final written examination. There exist certain policies and practices which are intended to reinforce student confidence in the fairness of the examination process and student understanding of the course material:

St. Johns School of Law Student Handbook 2011-12 Page 46

5. The Committee on Grades shall determine the procedures to be followed. All procedures shall be designed and construed to afford substantial justice to all parties. All proceedings before the Committee on Grades shall be private and confidential. 6. If the faculty member concerned is a member of the Committee on Grades, the Dean shall appoint a replacement from the faculty. 7. Failure of the student to pursue this Academic Fairness Procedure, once invoked, will be deemed a withdrawal of the complaint with prejudice. 8. The Committee on Grades is authorized to provide any appropriate academic remedy, and its determination shall be final.

librarys academic materials are fairly available to all students. Except as permitted by library rules for borrowing materials through check out procedures, students must not take, keep, destroy or hide academic materials not a students own.

IV. Plagiarism
Plagiarism is the misappropriation or theft of anothers work and ideas. Students seeking admission to the legal profession must always take great care to distinguish their own ideas and knowledge from information, thoughts and ideas appropriated from other sources and to avoid even the appearance of impropriety in their oral or written submissions. Except as specifically authorized by the professor or person in charge of the course or activity, all work submitted in law school, whether produced as part of academic or extracurricular activities, must be the work of the individual student. Each student has the responsibility to credit and cite appropriately any material prepared by others, or ideas obtained from others, contained in the students written or oral presentations. A student must not submit work that is not the students own without clear attribution for all sources. The professor or supervisor of each individual course or activity shall determine the amount of collaboration that is permitted in the completion of work. Students must assume that collaboration in the completion of work is prohibited unless explicitly permitted, and students must acknowledge any collaboration and its extent in all submitted work. Students who are in any doubt about the preparation of their work must consult the appropriate professor or person in charge of the course or activity before the work product is submitted.

Code of Student Professional Responsibility

I. Introduction
St. Johns University School of Law is a community of professional women and men committed to the principles of integrity, honesty and candor and the highest ideals of the legal profession. High standards of integrity, honesty and candor are required not only in the formal course setting and with respect to all coursework, but also in all law school and University relationships and in interactions connected with the educational process or with University and law school resources. While both faculty and students of St. Johns University School of Law must comply with these standards, this Code is concerned specifically with the conduct of students with respect to academic and related matters. In the event that a student is not certain whether behavior or acts, if engaged in, might be considered unprofessional conduct under this Code, the student should consult the Associate Dean for Student Services or another member of the Administration before engaging in the behavior or acts.

V. Papers and Other Written Work


In general, a written work submitted by a student for any course, seminar or writing requirement must be different in scope or depth from any other piece of written work submitted for any course, seminar or writing requirement by the student. In this regard, a student must not submit one paper or piece of written work or substantially the same work in fulfillment of the requirements for two or more courses, seminars or other writing requirement without the consent of the professor to whom the work is submitted. Moreover, without the professors consent, a student must not submit written work in fulfillment of academic or clinical requirements if such work had been previously prepared by the student (with or without compensation) for any employer. Students who are in any doubt about the preparation of their work must consult the appropriate professor,

II. Misrepresentations
Material misrepresentations by a student concerning academic or employment matters violate this Code and subject the stu- dent to its grievance procedures. In addition, material misrepresentations in connection with grievance proceedings under this Code are similarly violative of this Code.

III. Misuse of Academic Materials


It is the responsibility of each student to respect the academic materials of others, including all academic materials of the Law Library. Students must comply with Law Library rules that are designed to ensure that the

St. Johns School of Law Student Handbook 2011-12 Page 47

supervisor, or administrator before the preparation and submission of the work.

herein, Dean shall mean the Dean of the School of Law or, in the absence of or upon delegation by the Dean, an Associate Dean of the School of Law. 2. The Dean shall make a preliminary inquiry for the purpose of ascertaining whether the matter is without substance or may be disposed of informally without initiation of further proceedings. If the matter is determined to be without substance, no record thereof shall be maintained in the permanent record of the student involved. 3. Pending a final determination of the issues, the Dean may, upon appropriate preliminary inquiry, order the interim suspension of the student where, in the Deans sole judgment, such a suspension is warranted. In making such determination, the Dean shall consider, among other factors, safety and security concerns, the seriousness of the alleged violation, and the likelihood of the charge being sustained. 4. If the Dean determines that the matter should not be disposed of informally, the party charging unprofessional conduct shall be directed by the Dean to present a written and signed complaint of the charges to the Dean. Failure of the party making the charge to present such written complaint to the Dean within fifteen days of being directed to do so shall be deemed a withdrawal of the charge without prejudice. The Dean shall promptly provide a written copy of the complaint, together with notice of the institution of proceedings and a copy of applicable procedures, to the student charged with unprofessional conduct. The complaint and any related documents shall be delivered to the student charged by hand or by certified or registered mail (return receipt requested). A copy of the complaint shall also be delivered to the Chair of the Grievance Committee hereinafter described. 5. The student against whom the complaint is made may respond in writing to the Chair of the Grievance Committee within twenty days after the hand delivery or mailing by certified or registered mail (return receipt requested) of the com- plaint and notice. The time for such response may be extend- ed in the sole discretion of the Chair of the Grievance Committee. 6. Within twenty-five days after the hand delivery or mailing by certified or registered mail (return receipt requested) of the complaint and notice, or upon the students response, the Chair of the Grievance Committee shall schedule a hearing by the Grievance Committee to commence within a reasonable time.

VI. Subversion of the Law School Attendance Policy


All students must adhere to the requirements of the Law School Attendance Policy as set forth in the current Student Handbook or as modified by an individual faculty member in accordance with the Policy and will be subject to the sanctions contained therein for failure to do so. A student may not attempt to subvert or undermine the Law School Attendance Policy by signing in for another student, by allowing another student to sign in for oneself when one is absent, or by signing in for a class which one will not have attended.

VII. Examination Policy


It is the responsibility of each student to act in accordance with high standards of honesty, integrity and candor. To this end, each student must ensure that the students behavior before, during and after an examination is beyond reproach. This includes compliance with all examination proceduresthose contained herein and those adopted by an individual professor. It is the function of the proctors to ensure that the testtaking environment is fair and uniform by enforcing the procedures and policies regarding the examination process. Students must comply with all instructions given by proctors, including instructions regarding the time to begin and end work on the examination. All examination protocols will be enforced strictly. Proctors are instructed that any breach of examination protocols or any other conduct violative of this Code, by a student, requires a detailed notification to the law school administration of the breach.

VIII. Disciplinary Action


Any violation of this Code by a student will subject the student to disciplinary action in accordance with the grievance procedures set forth herein.

IX. Grievance Procedures


These grievance procedures shall apply to conduct or acts of a student who, in accordance with these procedures, is charged with a violation of this Code. For purposes of these grievance procedures, such conduct is referred to as unprofessional conduct.

A. Initiation of Grievance Proceedings


1. Any complaint alleging unprofessional conduct by a student of St. Johns University School of Law shall be presented to the Dean of the School of Law. As used

B. The Grievance Committee


1. The Grievance Committee shall consist of: the Chair of the Grievance Committee who shall be the Chair of the Student- Faculty Liaison Committee (or, in the absence of

St. Johns School of Law Student Handbook 2011-12 Page 48

the Chair, a substitute Chair appointed by the Dean selected from the full- time tenured faculty members of the Student-Faculty Liaison Committee, but if such appointed faculty member is unavailable, the Dean, in the Deans sole discretion shall appoint a substitute from the full-time tenured faculty members of the School of Law); one law student selected by lot from the members of the House of Representatives of the Student Bar Association of St. Johns University School of Law; one student selected by lot from the law student membership of the Student-Faculty Liaison Committee (or in the event of such students unavailability, one student selected by lot from the members of the House of Representatives of the Student Bar Association of St. Johns University School of Law); and two full-time tenured faculty members of the School of Law selected by lot. No person who has been involved in any way in the matter that is the subject of the allegations may serve as a member of the Grievance Committee. All members of the Grievance Committee shall serve until a decision is final with respect to the grievance against the student charged with unprofessional conduct. 2. The Grievance Committee shall hear the complaint of unprofessional conduct. In cases involving the same complaint against more than one student, the complaint against all the students may be heard and determined at a group hearing unless the Grievance Committee, on its own motion or at the request of a party, shall decide otherwise. 3. The Grievance Committee shall determine the extent, if any, to which the charges are sustained by a preponderance of the credible evidence. If no charge is sustained, the complaint shall be dismissed. If any of the charges is sustained, the Committee must decide on an appropriate sanction or sanctions to be imposed on the student, including but not limited to, a loss of course credit(s), a reprimand, a suspension, and/or an act of reparation. In the event that the Committee decides that an appropriate sanction is the students expulsion from the law school, such decision must be in the form of a recommendation to the Dean. 4. All actions and decisions of the Grievance Committee shall be by majority of the Committee. Except as otherwise provided in this Code, the proceedings and deliberations of the Grievance Committee shall remain confidential unless and until a charge against the student has been sustained, the decision of the Grievance Committee to that effect has been reported, and all rights of appeal under this Code have been exhausted. 5. All members of the Grievance Committee are required to be present at all hearings. In the event a member of the Committee is unable, unwilling or ineligible to serve or continue to serve, a substitute shall be selected in the same manner as that member was selected, except that in the case of the Chair, the Dean shall appoint a substitute. Upon

the selection or appointment of a substitute, a new hearing shall be held. If a hearing was previously commenced, the student charged with unprofessional conduct may elect to continue the original hearing without a replacement Committee member, in which event a tie vote of the Committee shall be deemed a dismissal of the complaint. Otherwise, a vote of the majority of the Committee shall be controlling. The Grievance Committee may by majority vote adopt additional rules governing its procedure, provided they are not inconsistent with these provisions.

C. Conduct of Hearings Before Grievance Committee


1. The Committee shall conduct the hearings in such manner as to do substantial justice and shall not be restricted by formal rules of procedure or evidence. 2. The complaint and evidence in support thereof shall be presented by an appointee of the Dean. The appointee and the Dean may have the aid of separate counsel. 3. A student charged with unprofessional conduct has the right to be represented by counsel or a representative of the students choosing. 4. The Committee may address questions to any party or witness to the proceedings. Any party or the Committee may call witnesses, who shall be subject to the right of cross-examination, and may cause evidence to be otherwise submitted. 5. A stenographic record or audio recording shall be made in all cases of all hearings unless dispensed with by stipulation. All stenographic records and audio recordings shall become the exclusive property of the School of Law. Nonetheless, the student charged may obtain a copy of such records and recordings at the students own cost. 6. The Committee may accept and consider affidavits or other evidence of good character submitted by the student charged with unprofessional conduct before making any disposition of the charge. 7. Failure of the student charged with unprofessional conduct to answer the complaint, appear at the hearing, or answer questions directed to the student may be used only as corroboration of a prima facie case established by a preponderance of the evidence otherwise presented.

D. Report of Grievance Committee Decision


1. The Grievance Committee shall report its decision in writing to the Dean of the School of Law and to the parties to the hearings. In accordance with paragraph B. 3., any decision of the Grievance Committee sustaining any charge shall include either a sanction or sanctions to be imposed, if

St. Johns School of Law Student Handbook 2011-12 Page 49

any, on the student charged, or a recommendation of the students expulsion to the Dean, and the reasons therefor. 2. Such decision shall be delivered promptly by hand or by certified or registered mail (return receipt requested) to the student against whom the complaint had been made.

audio-taping of individual classes will be permitted at the discretion of the instructor for sound pedagogical reasons. No instructor will be required to permit taping except under requirements of law. Permission to allow the recording is not a transfer of any copyrights in the recording. The recording remains the property of the professor who may inspect, retrieve, or destroy the recording after its intended use. The recording may be used solely for the purpose of studying the materials presented during the class. The recording may not be reproduced in any manner.

E. Appeals
1. The student charged with unprofessional conduct may appeal the decision of the Grievance Committee. Such appeal shall be made in writing to the Committee on Grades of the Law School Faculty Council. The Committee on Grades shall act as an appeal board. No member of the Committee on Grades who was involved in any way in the earlier proceedings or in the matter that is the subject of the allegations may sit on the appeal board. The Dean shall appoint a replacement in such case. 2. Appeals from the decision of the Grievance Committee shall be taken by the student charged within twenty days from the hand delivery or mailing by certified or registered mail (return receipt requested) to the student of the report of said Committee. The Committee on Grades in its sole discretion may extend the time for filing such appeal upon a showing of good cause. 3. On appeal, the Committee on Grades shall review the record for the purpose of determining whether there is substantial evidence on the whole record which supports the decision of the Grievance Committee. The Committee on Grades may affirm the Grievance Committee decision without modification; may affirm the decision subject to a specified reduction in the sanction imposed; may remand the matter for further hearing; or may dismiss the complaint. 4. The Committee on Grades shall report its decision to the Dean, or if said decision requires a further hearing by the Grievance Committee, said decision shall be referred to the Grievance Committee. A copy of the decision of the Committee on Grades shall be delivered promptly by hand or by certified or registered mail (return receipt requested) to the student charged.

Procedures
At the request of the instructor, taping will be arranged by the Law School Administration and the tape may be maintained at the reserve desk of the Law Library.

Policy on Computer Usage in the Classroom Except with the instructors permission, during class students are not permitted to compose, review, receive, or send e-mails or instant messages or access the Internet. Unless a professor directs otherwise, computers may be used during class solely for the purposes of taking notes or reviewing materials prepared for the class, such as case briefs and answers to problems assigned for the class. Nothing in this policy is meant to limit the power of a professor to bar the use of computers during class for any reason. The use of computers during class is a privilege, not a right, and may be revoked for failure to comply with this policy, except that this sentence is not intended to affect the right of a student under applicable law or policies of the Law School to use a computer because of a disability.

Policy Statement on participation by School of Law students who are not members of the Moot Court Honor Society and the Polestino Trial Advocacy Institute in Minority Bar Association sponsored external appellate and trial advocacy competitions 1. It is the policy of the School of Law faculty that, with the exception of the situations set forth in paragraph 2 of this policy statement, all students representing St. Johns University School of Law in external moot court competitions must be members of the Moot Court Honor Society (MCHS), and all students representing the School of Law in external trial advocacy competitions must be members of the Polestino Trial Advocacy Institute (PTAI). 2. Subject to the approval of the Associate Academic Dean in each instance, the faculty advisors to the MCHS may permit a student who is not a MCHS member to enter a moot court competition sponsored by a minority bar association if the faculty advisors find that approved

F. New Hearing
A petition for a new hearing may be made to the Grievance Committee by any student found to have been engaged in unprofessional conduct, but only on the ground of newly discovered evidence.

Police on Tape-Recording of Classroom Discussions The general policy of the School of Law is to prohibit tape recording of classroom lectures and discussions. However,

St. Johns School of Law Student Handbook 2011-12 Page 50

persons are available to assist such student to prepare for the competition. Likewise, subject to the approval of the Associate Academic Dean, the faculty advisors to the PTAI may permit a student who is not a PTAI member to enter a trial advocacy competition sponsored by a minority bar association if the faculty advisors find that approved persons are available to assist such student to prepare for the competition. 3. Notice of this policy shall be included in the Student Handbook, and the faculty advisors to the MCHS & PTAI shall devise a procedure for non-member students to apply for the permission and decanal approval required by the preceding paragraph.

Larry Cunningham Associate Dean for Student Services Room 4-68 CUNNINL1@stjohns.edu After review, Dean Cunningham will determine whether the complaint has potential merit. If so, Dean Cunningham will forward the complaint to the appropriate administrator, faculty member, committee, or department for written response within thirty days. If response is not possible within thirty days, Dean Cunningham is authorized to grant an extension of an additional thirty days for good cause shown. In the event that a complainant is dissatisfied with the response, he or she may address a letter to the Dean of the School of Law explaining thereasons for the dissatisfaction. Such communication shall be in writing, signed, and delivered to Dean Cunningham, who will provide the entire file of the matter and all relevant documentation to the Dean. The Deans review of the matter will be final and not subject to further review. Nothing contained in this section shall be construed as creating an affirmative legal right or privilege in the complainant or waiving any right or defense of the University or Law School.

Complaint Procedure Regarding Compliance with ABA Standards Pursuant to ABA Standard 512, a student wishing to bring to the attention of the Law School a significant problem that directly implicates the schools program of legal education and its compliance with the Standards may file a complaint, in writing, to:

St. Johns School of Law Student Handbook 2011-12 Page 51

Course Offerings
REQUIRED COURSES FOR THE J.D. DEGREE
INTRODUCTION TO LAW (LEGAL METHOD - 1000) 2 credits This course introduces methods and ideas that are fundamental components of the American legal system, with an emphasis on case law analysis and statutory interpretation. A passing grade requires regular attendance and satisfactory completion of several writing assignments. CIVIL PROCEDURE (CIVIL PROCEDURE - 1000) 4 credits This first year course is concerned with the statutory and judicially established procedures governing the conduct of civil litigation in the courts, with an emphasis on the Federal Rules of Civil Procedure. The course examines in depth principles of jurisdiction, conflict of laws, pleadings, joinder of parties (including class actions), motions, summary judgment, discovery and the doctrine of preclusion. Grades are based upon a final examination. CONSTITUTIONAL LAW (CONSTITUTIONAL LAW - 2000) 4 credits This introductory course focuses on the Constitution of the United States, including its history, provisions, interpretations and applications. Specific topics include national and state government powers and their limits, due process, equal protection, freedom of speech, freedom of the press and freedom of religion. Grades are based upon a final examination. CONTRACTS I (BUSINESS AND FINANCE LAW - 1090) 3 credits This course deals with the formation, avoidance and discharge of contract obligations. Attention is also directed to the remedies available for breach of contract and the rules for ascertaining the damages recoverable. Grades are based upon a final examination. CONTRACTS II (BUSINESS AND FINANCE LAW - 2000) 2 credits This course deals with the formation, avoidance and discharge of contract obligations. Attention is also directed to the remedies available for breach of contract and the rules for ascertaining the damages recoverable. Grades are based upon a final examination. CRIMINAL LAW (CRIMINAL LAW - 1010) 3 credits An introductory study of the law of crimes and the administration of criminal justice, including general principles of criminal liability and defenses. Topics considered include the criminal act and mental elements in crime, causation, mistake, excuse and justification defenses, the law of homicide and the inchoate offenses such as attempt and solicitation. These topics are examined under the common-law, the Model Penal Code and the New York Penal Law to give the student a historical as well as modern perspective on the criminal law and its objectives. Grades are based upon a final examination. LEGAL ANALYSIS & WRITING (LEGAL RESEARCH AND WRITING - 1030) 2 credits The first course in a two-semester sequence, this course introduces students to legal writing and analysis. Grades are based primarily on the preparation of a closed-universe memorandum of law and a re-write of the memorandum. The course also includes an introduction to legal ethics. LEGAL ANALYSIS, WRITING & RESEARCH (LEGAL RESEARCH AND WRITING - 1010) 2 credits The second course in a two-semester sequence, this course provides students with a comprehensive introduction to manual and electronic legal research and further develops their writing and analytical skills, focusing primarily on persuasive legal writing. The course also introduces a variety of other essential lawyering skills, including client interviewing, negotiation, and oral advocacy. Students will prepare various legal documents, including an appellate brief. Oral arguments are conducted at the conclusion of the course. Grades are based primarily on papers and oral argument. PROPERTY (PROPERTY - 1080) 4 credits This course analyzes the various types of property interests, real and personal, recognized under U.S. law, the rights and obligations of holders of property interests, and the legal bases and public policies that lead to recognition of property interests, rights and liabilities. The course may include a discussion of property rights based on possession, including adverse possession, labor, gift and purchase, as well as estates in land, concurrent interests, landlord-tenant law, and land use regulations. Grades are based upon a final examination.

St. Johns School of Law Student Handbook 2011-12 Page 52

TORTS (TORTS - 1040) 4 credits The basic Torts course is an introduction to civil liability arising from breach of duties imposed by law, as distinguished from duties imposed by contract. The course will cover representative doctrines and theories of liability, including intentional torts, negligence and strict liability. Topics may include assault, battery, negligence, strict liability, products liability, misrepresentation, defamation and privacy. Grades are based upon a final examination PROFESSIONAL RESPONSIBILITY (LEGAL ETHICS - 1000) 3 credits This course studies the legal, moral and other responsibilities of lawyers. The New York Code of Professional Responsibility and the American Bar Association's Model Rules of Professional Conduct, along with cases, statutory material, secondary sources and problems, comprise the reading. The course addresses issues such as the lawyer's responsibility in civil and criminal trials; special problems of lawyers for entities, including governments and corporations; conflicts of interest, confidentiality and privilege; issues in negotiation; professional advertising and solicitation; and the lawyer's duties to improve the administration and availability of justice. Grades are based upon writing assignments, classroom exercises and a final examination.

ADVANCED BANKRUPTCY RESEARCH SEMINAR-PART II (BANKRUPTCY LAW - 1030) 3 credits This seminar is devoted entirely to the preparation by the student of a Master's thesis. The professor will work closely with each student as the student selects the topic, performs the research and writes the thesis. The professor will also assist in the process of obtaining a publication commitment for the completed thesis and in arranging the panel of experts who will hear the defense of the thesis. There will be individual meetings for each student with the professor on a bi-weekly basis and approximately six meetings of the entire seminar to discuss student progress and to analyze the subject matter of each thesis. Each student will have an outside mentor who is an expert in the subject area of the thesis, who will review the work during the drafting stage and provide suggestions and additional direction. Open to LL.M. students only. Prerequisite: ADVANCED BANKRUPTCY RESEARCH SEMINAR-PART I BANKRUPTCY ETHICS, FRAUD & MALPRACTICE (BANKRUPTCY LAW - 1040) 2 credits This course deals with three related and troublesome issues in bankruptcy practice. The course will cover the specific and somewhat conflicting provisions of the Bankruptcy Code dealing with ethics, as well as conflicts arising in representation of debtors-in-possession, and professional responsibility in the context of major bankruptcy cases. Bankruptcy fraud situations and malpractice issues will be analyzed. Prerequisite for J.D. students: Creditors' Rights and Professional Responsibility. BANKRUPTCY JURISDICTION (BANKRUPTCY LAW - 3030) 1 credit This course will examine the jurisdiction of the bankruptcy court. Among the issues considered will be the authority of the bankruptcy courts to conduct jury trials; conflict of laws issues between state and bankruptcy courts; what issues are "core" matters; appellate jurisdiction; and the constitutionality of the bankruptcy court system. Prerequisite for J.D. students: Creditors' Rights. BANKRUPTCY PROCEDURE (BANKRUPTCY LAW - 3040) 2 credits This course will cover procedural issues in bankruptcy cases from the commencement of the case to discharge or plan confirmation. It will include simulation and exercises in practice under the Federal Rules of Bankruptcy Procedure. The students will also draft pleadings, discovery requests, orders and judgments in bankruptcy. Prerequisite for J.D. students: Creditors' Rights.

REQUIRED COURSES FOR THE LL.M. IN BANKRUPTCY STUDIES DEGREE


For a list of approved electives for the LL.M. in Bankruptcy Degree, consult the LL.M. website.
ADVANCED BANKRUPTCY RESEARCH SEMINAR-PART I (BANKRUPTCY LAW - 1020) 3 credits This seminar is devoted entirely to the preparation by the student of a Master's thesis. The professor will work closely with each student as the student selects the topic, performs the research and writes the thesis. The professor will also assist in the process of obtaining a publication commitment for the completed thesis and in arranging the panel of experts who will hear the defense of the thesis. There will be individual meetings for each student with the professor on a bi-weekly basis and approximately six meetings of the entire seminar to discuss student progress and to analyze the subject matter of each thesis. Each student will have an outside mentor who is an expert in the subject area of the thesis, who will review the work during the drafting stage and provide suggestions and additional direction. Open to LL.M. students only.

St. Johns School of Law Student Handbook 2011-12 Page 53

BANKRUPTCY TAXATION (BANKRUPTCY LAW - 1060) 2 credits This course will examine the tax aspects of bankruptcy practice. Taxation is a major aspect of many bankruptcy cases and an emerging sub-specialty in the bankruptcy field. The course will consider such areas as the postconfirmation carry forward of losses, and tax planning for entities in financial difficulty. Prerequisite for J.D. students: Taxation-Basic Federal Personal Income. CONSUMER BANKRUPTCY (BANKRUPTCY LAW - 1070) 2 credits This course will concentrate on Chapters 7 and 13 of the Bankruptcy Code, including consideration of such topics as the conflicting principles of fresh start vs. maximum return to creditors; good faith and substantial abuse; the automatic stay; property of the estate; exemptions and the discharge of debts; needs-based bankruptcy; Chapter 13 plans; and serial Chapter 13 filings. Grades are based upon a final examination. (The credit hours decision will be in advance each semester and clearly disclosed in the registration packet and schedule). Prerequisite for J.D. students: Creditors' Rights. REORGANIZATION UNDER CHAPTER 11 (BANKRUPTCY LAW - 1080) 2 credits The course will examine the reorganization of financially distressed enterprises under Chapter 11 of the Bankruptcy Code and the theoretical and economic underpinnings of reorganization. The course will consider all aspects of Chapter 11 from filing to confirmation of a plan of reorganization, conversion or dismissal. The following topics will be covered: good faith; venue; retention and compensation of professionals; the extent of the court's equitable powers; use, sale and lease of the debtor's property; successor liability; post-petition financing. Prerequisite for J.D. students: Creditors' Rights.

their understanding of United States law and its process. The course will examine civil procedure, torts, contracts, property, criminal law and constitutional law. It will emphasize areas in which United States law is distinct from that of many other nations, including the federal system, judicial review, rights of those accused of crime, jury trials, punitive damages and constitutional protection of religious freedom. Class attendance is required, and students are expected to be prepared. Grades will be based upon a final exam and class participation. INTRODUCTION TO U.S. LAW II (US LEGAL STUDIES FOREIGN LAW GRADUATE - 1020) 1 credit This course will focus on issue-spotting and problem-solving in a variety of legal contexts, including Contracts, Property, Criminal Law, Constitutional Law, Torts, and other areas. Grades are based on periodic quizzes and a final exam. U.S. LEGAL ANALYSIS & WRITING (US LEGAL STUDIES FOREIGN LAW GRADUATE - 1010) 2 credits The first course in a two-semester sequence, this course introduces LL.M. students to the idioms and forms of U.S. legal writing. An emphasis will be placed on predictive writing. Grades will be based upon periodic assignments and a re-write of those assignments. U.S. LEGAL ANALYSIS, WRITING & RESEARCH (US LEGAL STUDIES FOREIGN LAW GRADUATE - 1030) 3 credits The second course in a two-semester sequence, this course provides students with a comprehensive introduction to manual and electronic legal research and further develops their writing and analytical skills, focusing primarily on persuasive legal writing. Students will be introduced both to core research materials, such as case reports and annotated codes, and to more sophisticated techniques, such as using federal and state administrative materials, legislative histories, on-line research, law review articles, and legal databases. Grades are based primarily on periodic writing and research assignments.

REQUIRED COURSES FOR THE LL.M. IN U.S. LEGAL STUDIES DEGREE


INTRODUCTION TO U.S. LAW I (US LEGAL STUDIES FOREIGN LAW GRADUATE - 1000) 2 credits Introduction to United States law is a course designed for LL.M. students in the Master of Laws program who have received their law degrees from foreign universities. The course provides an overview of various areas of United States law, of the U.S. legal profession, and of the U.S. judicial process. It is an introduction to the common and statutory law of the U.S. federal and state systems of law, designed to develop students' knowledge of United States legal concepts and issues in order to broaden and deepen

ELECTIVES
Clinics and externship courses are listed at the end of this section.
A. Core Electives (from which J.D. students must take at least 5) ADMINISTRATIVE LAW (ADMINISTRATIVE LAW & GOVERNMENT REGULATION 1000) 3 credits

St. Johns School of Law Student Handbook 2011-12 Page 54

This course explores the administrative process in executive and independent regulatory agencies with emphasis on judicial review. Consideration is given to the powers vested in administrative bodies and to the constitutional, statutory and other legal limitations on agency decision making. Grades are based upon a final examination. Prerequisite: CONSTITUTIONAL LAW. Administrative Law satisfied both a core elective requirement and the Advanced Civil Procedure Requirement. BUSINESS ORGANIZATIONS (BUSINESS AND FINANCE LAW - 3000) 4 credits This course is intended to familiarize students with the nature of business entities. The course begins with a review of Agency Law. Partnerships, limited partnerships and joint ventures are then examined against the background of the Uniform Partnership and Revised Uniform Limited Partnership Acts. In the examination of corporations, attention is given to the problems of forming and financing the corporation, the federal securities laws and the distinctions between publicly held and closely held firms. Considerable stress is placed on the rights of shareholders and the authority and obligations of directors and officers of a corporation. Consideration is also given to shareholders derivative actions and to the problems involved in the dissolution and combination of corporations. Grades are based upon a final examination. CONFLICT OF LAWS (STATE AND FEDERAL PRACTICE - 1000) 3 credits This course studies the resolution of problems that arise when legal matters have a relationship to more than one state or nation. Topics covered include the circumstances under which courts will adjudicate disputes, the recognition of judicial decrees by other states, and the criteria for determining the substantive law applicable to multistate transactions. The role played by the United States Constitution in limiting state freedom of action in this area is also examined. Grades are based upon a final examination. CRIMINAL PROCEDURE I (CRIMINAL LAW - 1050) 3 credits This course studies federal constitutional and state law restrictions on police investigative practices. Specific topics include stops, arrests and other seizures; frisks and other searches; interrogations and confessions; and the operation of exclusionary rules. Grades are based upon a final examination. Prerequisite: CRIMINAL LAW EVIDENCE (STATE AND FEDERAL PRACTICE - 2090) 4 credits This course studies the rules of evidence that govern judicial proceedings in federal and state courts. Subjects

covered include relevance, real and demonstrative evidence, judicial notice, burdens of proof, presumptions, competency of witnesses, examination of witnesses, character evidence and related problems, the hearsay rule and its exceptions, opinion evidence, expert witnesses, foundation and authentication, the best evidence rule, and privileges. Grades are based upon a final examination. FAMILY LAW (FAMILY LAW - 1000) 3 credits This course explores the nature of marriage and the family as legal institutions. Beginning with the establishment of a family unit through either ceremonial or common-law marriage, the course considers the legal relationship among various members of the family, and examines the problems arising on disruption of the family unit through separation, annulment, or divorce. Grades are based upon a final examination. INTERNATIONAL LAW (INTERNATIONAL AND COMPARATIVE LAW - 1040) 3 credits The International Law course surveys that system of jurisprudence dealing with the precepts and principles that govern the community of nations in their mutual dealings as they have developed from early history to modern times. After an analysis of the nature and sources of international law, the course will examine topics such as recognition, succession, territory of states, sovereignty, jurisdiction, extradition, state immunity, international agreements, international claims, human rights and use of force. Grades are based upon a final examination and class participation. TAX - BASIC FEDERAL PERSONAL INCOME (TAXATION - 1030) 3 credits This is an introductory course. Its purpose is to give students an understanding of the basic principles underlying the federal income tax and to develop a realization of its effect on the economic life of the community. The course concentrates on fundamental concepts such as the scope of gross income, specific exclusions, assignment of income, the major items of deduction, the amount realized on property dispositions, basis for gain or loss, characterization of gain or loss as capital or ordinary, credits, the taxable year, and the mechanics of computation of income tax liability. The development of the present tax system, the fiscal aspects of the income tax and the legislative, administrative, and judicial processes in the enactment and enforcement of the income tax laws are briefly considered. Grades are based upon a final examination. TRUSTS AND ESTATES (TRUSTS AND ESTATES - 1040) 4 credits This course treats intestate succession, wills, trusts, and future interests as integrated elements in the planning of

St. Johns School of Law Student Handbook 2011-12 Page 55

family property settlements. Income, estate and gift tax implications of various arrangements are discussed, to the extent necessary to illuminate the nontax material. Fiduciary and investment aspects of the law of trusts are analyzed, as are the traditional construction, class gift and perpetuity problem areas. Grades are based upon a final examination. UCC COURSES PAYMENT SYSTEMS (BUSINESS AND FINANCE LAW - 4030) 3 credits This course examines mechanisms for making payments and the applicable legal regulations. After addressing checking accounts as the basic payment system, the course takes up credit cards, debit cards and other established electronic payment devices; Internet payments and other developing systems; credit enhancements, including guarantees and letters of credit; and negotiability and related topics. The applicable law includes Articles 3, 4, and 5 of the Uniform Commercial Code; federal statutes and regulations; and the common law. Grades will be based upon a final examination. SALES (BUSINESS AND FINANCE LAW - 3050) 2 credits This course surveys the law of sales under Article 2 of the Uniform Commercial Code ("UCC") and gives more limited attention to the United Nations Convention on Contracts for the international Sale of Goods, UCC Article 2A (leases of personal property) and other pertinent law. Grades are based on a final examination. SECURED TRANSACTIONS (BUSINESS AND FINANCE LAW - 2050) 3 credits In a secured transaction, a borrower gives the lender rights in the borrower's personal property in the event that the loan is not repaid. This course provides broad coverage of the primary pertinent statute, Article 9 of the Uniform Commercial Code, but also gives attention to key related provisions of the Bankruptcy Code. Grades are based upon a final examination.

Please note: The following courses have not been offered for some time and will probably not be offered in the near future: Advanced Criminal Law, Antitrust Law and IP Seminar, Antitrust Seminar, Aviation Law, Contemporary Public Policy Issues and the Internal Revenue Code, Critical Perspectives on the Laws of Inheritance, Drafting Legal Instruments, Government Contracts, Judicial DecisionMaking Process, Maritime Cargo, Multi-National DecisionMaking Process, New York Practice Advanced, Regulated Industries, Securities Litigation Seminar, and Toxic Torts Seminar.
ACCOUNTING FOR LAWYERS (BUSINESS AND FINANCE LAW - 1000) 2 credits Open only to students who have taken no prior courses in accounting, i.e., a single prior undergraduate or postgraduate course in accounting renders a student ineligible. The course provides a basic introduction to accounting principles. The goal of the course is to provide knowledge to assist in counseling with respect to such areas as taxation, estates and mergers and acquisitions. Grades are based upon a final examination. ADMIRALTY LAW (INTERNATIONALL AND COMPARATIVE LAW - 1000) 2 credits This course deals with the basic considerations of Maritime Law and covers the areas of jurisdiction, maritime liens, priority and discharge of liens, personal injury and wrongful death as it relates to seamen, longshoremen and other harbor-workers and invitees, the Longshoremen and Harbor Workers Compensation Act, charters, bills of lading, the Harter Act and Carriage of Goods by Sea Act, salvage, general average, marine insurance, collision, limitation of liability, pilotage and marine pollution liability. Grades are based upon a final examination. ADVANCED BANKRUPTCY RESEARCH SEMINAR-PART III (BANKRUPTCY LAW - 3050) 3 credits For late completion of Master's thesis. This seminar is devoted entirely to the preparation by the student of a Master's thesis. The professor will work closely with each student as the student selects the topic, performs the research and writes the thesis. The professor will also assist in the process of obtaining a publication commitment for the completed thesis and in arranging the panel of experts who will hear the defense of the thesis. There will be individual meetings for each student with the professor on a bi-weekly basis and approximately six meetings of the entire seminar to discuss student progress and to analyze the subject matter of each thesis. Each student will have an outside mentor who is an expert in the subject area of the thesis, who will review the work during the drafting stage and provide suggestions and additional direction. Open to LL.M. students only.

B. Additional Elective Courses

The following list of elective courses has been approved by the faculty of the Law School. Not all electives are offered each year. There is a 9-credit maximum on elective courses listed as pass-fail, including externship placements. The 9credit maximum on pass-fail coursework does not apply to co-curricular activity or to pass-fail credits that are awarded by St. Johns School of Law for graded coursework at other institutions.

St. Johns School of Law Student Handbook 2011-12 Page 56

ADVANCED TORTS (TORTS - 1050) 2 credits Building on the basic Torts course, this foundation course will cover in depth those areas of Tort law not covered in Torts, including tortious interference with economic relations, marketplace falsehoods, unfair competition, publicity and privacy, defamation, tortious use of judicial process, and tortious interference with civil rights. Grades will be based on a final examination and class participation. ADVANCED TRIAL ADVOCACY: WITNESS EXAM (ADVOCACY AND LEGAL SKILLS - 6030) 3 credits In this interactive course, students will increase their expertise in and understanding of theory of the case and witness examination. Using a number of fact patterns, students will learn to conduct objection-proof direct examinations and advanced cross-examination of both lay and expert witnesses. The techniques to be studied are applicable in both civil and criminal cases. Students will be graded on each simulated exercise and class participation. Prerequisite: TRIAL ADVOCACY - CRIMINAL OR TRIAL ADVOCACY (INTENSIVE) OR TRIAL ADVOCACY-CONCENTR. CIVIL OR TRIAL ADVOCACY-CONCENTR. CRIM ALTERNATIVE DISPUTE RESOLUTION (ADVOCACY AND LEGAL SKILLS - 1020) 2 credits This course is designed to give both the theoretical and practical approaches to the various forms of the dispute resolution process. The student will be introduced to such techniques as mediation, conciliation, fact-finding, courtannexed arbitration and hybrid combinations of these processes. Throughout, the course will be concerned with an exploration of factors underlying these methods of arriving at agreement as well as the ethical issues that arise in the ADR context. Students will engage in simulated situations of dispute resolution which will be videotaped and critiqued. Grades are based upon a research paper and course participation. AMERICAN INDIAN LAW SEMINAR (INDIVIDUAL RIGHTS - 1000) 2 credits American Indian Law is a uniquely comprehensive field of law that encompasses Federal Constitutional Law and often the Federal-Tribal relations, Federal-State relations, StateTribal relations, and Treaty-making law in an historic context. Tribal self-government, self-regulation and lawmaking, and regulation of activities on tribal land will be analyzed. The course will then examine legal issues that have been arising in a modern context, including environmental regulation; water rights and control over other natural resources; subsistence rights; the use of Tribal land for toxic or nuclear waste storage and disposal; including the introduction of the gaming industry, and

potential conflicts with the laws of contiguous States; the tax consequences of commercial activities on Tribal land; and current litigation regarding historic land claims that arise under the Treaty rights explored during the early part of the semester. Some attention will also be paid to how the unique American experience compares with the protection of indigenous peoples in other countries. Grades are based on a research paper and class participation. AMICUS BRIEFS IN INTELLECTUAL PROPERTY CASES 2 credits An attorney submitting an amicus curiae brief, as opposed to a party- litigant filing a merits brief, acts in the capacity of a friend of the court. In this course, students will learn the precepts of and procedures for effectively preparing and submitting amicus briefs on important issues in IP cases, under the direction of a professor serving as counsel of record for the amicus. They will research and analyze the issues, under the professors supervision, and write and rewrite two amicus briefs for submission to the court. The course satisfies the APWR. Pre-requisite: INTRODUCTION TO INTELLECTUAL PROPERTY. Previous or concurrent course work in patent law, trademark law, or copyright law is recommended. ANIMAL LAW (GENERAL PRACTICE-LAW - 1000) 2 credits This popular and evolving field of law will explore the statutory and case law in which the legal and social nature of non-human animals is an important factor. The course materials will address companion animals, wildlife, animal husbandry, and animals used in research and entertainment in the context of torts, contracts, criminal law, constitutional law, and Federal regulatory laws. Grades are based upon class participation and a research paper. ANTITRUST LAWS & COMPETITION (BUSINESS AND FINANCE LAW - 1010) 3 credits This is a survey course dealing with the principal federal antitrust legislation, including the Sherman Act, Clayton Act, Federal Trade Commission Act, the Hart-Scott-Rodino Act and the Robinson-Patman Act. The course considers price fixing, conspiracies in restraint of trade, monopolization, horizontal and vertical mergers, refusals to deal, tying, exclusive dealing and price discrimination. Grades are based upon a final examination. APPELLATE ADVOCACY (ADVOCACY AND LEGAL SKILLS - 1030) 2 credits This course covers the following aspects of New York Appellate Practice: scope of review; taking and perfecting the appeal; stays pending appeal; preparation of the appellate brief; argument of the appeal; disposition of the appeal; and motions for re-argument. Grades are based

St. Johns School of Law Student Handbook 2011-12 Page 57

upon the preparation of an appellate brief and related papers on appellate argument. APPELLATE ADVOCACY SEMINAR (ADVOCACY AND LEGAL SKILLS - 2040) 2 credits The Appellate Advocacy Seminar, beyond covering all aspects of appellate practice and procedures, affords the student the opportunity to draft all usual and necessary documents in the preparation and prosecution of an appeal. Specifically, it treats such matters as harmless and reversible error, analysis of cases, standards of appellate judicial review, frivolous appeals and sanctions. In addition to a consideration of the appellate judicial process, appellate legal skills, both written and oral, and the art of persuasion, the seminar stresses ethical considerations underlying the bringing of an appeal and the professional responsibility of counsel in all aspects of appellate practice. In lieu of an examination, the seminar requires the drafting of an appellate brief and the presentation of an oral argument before a panel of judges and appellate practitioners. BANKING LAW & REGULATION (BUSINESS AND FINANCE LAW - 1030) 3 credits This course provides an introduction to the rapidly-growing and constantly-changing area of banking law in the United States. The course explains the following areas: the historical background of the industry and public policy considerations, the duality of the system, bank holding companies, branching and other market entry problems, limitations on power of various banking organizations, the various regulatory systems and the agencies and their functions, controls in the monetary system, consumer protection, non-bank competition, the process of deregulation, and present conditions and problems. The course does not include a study of the Uniform Commercial Code. Grades are based upon a final examination. BANKRUPTCY ACCOUNTING (BANKRUPTCY LAW - 1090) 2 credits This course will provide a working knowledge of accounting practice and procedures related to bankruptcy. This is not a general accounting course, but is specifically related to the accounting principles and financial documents required in a bankruptcy case including monthly operating statements, and disclosure statements, as well as pro-forma financial statements prepared as part of a proposed bankruptcy plan. LL.M. students without a substantial accounting background (e.g., CPA or equivalent) are strongly urged to take this fundamental course to comprehend, interpret and analyze financial data in order to determine whether an entity is financially viable and whether it can be reorganized under Chapter 11 of the Bankruptcy Code. Prerequisite for J.D. students: Creditors' Rights or Accounting for Lawyers.

BANKRUPTCY POLICY (BANKRUPTCY LAW - 5060) 2 credits Recommended pre- or co-requisite: Creditors Rights. An examination of the policies that underlie the 1978 Bankruptcy Code and modern bankruptcy practice in both the individual and business contexts. Topics vary from year to year. Grades will be based on a research paper. BANKRUPTCY PRACTICE-LITIGATION (BANKRUPTCY LAW - 4080) 1 credit This course focuses on the types of research, writing and oral skills that are common to most bankruptcy practices. The course will be structured around a problem that raises a difficult bankruptcy issue. Students will research and draft a legal memorandum analyzing the law, prepare a motion and brief, and argue the motion orally. The course is intended to be an advanced and intensive research and writing course and students will be expected to produce at least two drafts of each written exercise. The course will be graded on a letter grade basis, with evaluation based primarily on the quality of the exercises. Pre-requisite for J.D. students: Creditors' Rights BANKRUPTCY PRACTICE-OPINION (BANKRUPTCY LAW - 4090) 1 credit This course focuses on the types of transactional research and writing skills that are common to most bankruptcy practices. The course will be structured around a common opinion issue in bankruptcy practice. Students will conduct legal research on the issue and draft a legal opinion of the type common to bankruptcy practice (e.g., a nonconsolidation or true sale opinion). Additional exercises may be required. The course is intended to be an advanced and intensive research and writing course and students will be expected to produce at least two drafts of each written exercise. The course will be graded on a letter grade basis, with evaluation based primarily on the quality of the exercises. Pre-requisite for J.D. students: Creditors' Rights. BANKRUPTCY SALES (BANKRUPTCY LAW - 5020) 1 credit This course examines the bankruptcy sale process. The course will cover the basic rules governing bankruptcy sales and will explore the motivations of the parties and creative uses of the sale process. Evaluation will be based on an examination, but class participation or a paper may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights. BANKRUPTCY THEORY SEMINAR (BANKRUPTCY LAW - 2000) 1 credit

St. Johns School of Law Student Handbook 2011-12 Page 58

This course examines the theoretical underpinnings and goals of bankruptcy law. It will analyze the conflict between the goal of providing the debtor with a "fresh start" and the goal of maximizing return to creditors, and whether the resolution should vary with the type of case. These and other questions will be examined from the perspective of the attorney, the judge, and the client in the context of specific bankruptcy issues. There will be guest speakers representing different positions in the bankruptcy spectrum. Prerequisite for J.D. students: Creditors' Rights. BIOETHICS (HEALTH LAW - 1010) 3 credits This course examines various legal aspects and historical foundations in the subject area of medical jurisprudence and bioethics. Students will become involved in the ongoing dialogue on issues of human experimentation, protection of human research subjects, xenotransplantation, organ donor considerations, minorities as research subjects, Federal radiation experiments, as well as other related concerns. The emerging debate surrounding the issues of federal, state and local regulatory initiatives in providing health and medical coverage will be examined. Grades will be based on a final examination. BROKER-DEALER REGULATION (BUSINESS AND FINANCE LAW - 4010) 2 credits Business Organizations is a pre- or co-requisite for this course. This course will focus on the Securities Exchange Act of 1934 as it pertains to the regulation of brokerage firms and brokers. The course will examine how brokerage firms are created and subsequently regulated by the Securities and Exchange Commission and the Financial Industry Regulatory Authority. The course will further examine a brokerage firm's obligations to its customers and potential liability for violations of those obligations. Lastly, the course will touch upon the dispute resolution process of the Financial Industry Regulatory Authority as it relates to customer claims. Grading will be based on a final examination. Prerequisite or Corequisite: BUSINESS ORGANIZATIONS BUSINESS FRANCHISE LAW (BUSINESS AND FINANCE LAW - 4020) 2 credits This course explores franchising as a business model and the impact of regulation on franchisors and franchisees. The course covers the legal and practical business basics of franchising, including statutes regulating the franchise relationship at the state and federal level; federal and state law disclosure and registration requirements for the sale of franchises; structuring of the franchise relationship and the analysis of the rights and duties of franchisor and franchisee under agreements; contract and other common law concepts that affect the franchise relationship;

franchise-related litigation; and international franchising. The course also explores the relationship between franchising, trademark and antitrust law. In order to illustrate the legal issues and principles discussed a sample Franchise Disclosure Document and franchise agreement will be analyzed. Grades will be based on a final examination (90%) and class participation (10%). Prerequisite: INTRODUCTION TO INTELLECTUAL PROPERTY. BUSINESS PLANNING (BUSINESS AND FINANCE LAW - 1060) 3 credits This course is designed to coordinate several areas of business-related law previously studied and to sensitize students to the constant practical interplay of these business-related areas of the law. Students will be assisted in verbalizing and drafting responses to the problems encountered by employing materials and documents which provide the framework for the practical application of previous legal training to commercial topics. Significant emphasis is placed on out-of-class drafting of and solutions to legal-business problems. Grades are based upon class performance and short written assignments. Prerequisite: BUSINESS ORGANIZATIONS AND TAX BASIC FED PERSONAL INCOME BUSINESS TORTS & INTELLECTUAL PROP (INTELLECTUAL PROPERTY - 1080) 3 credits This course acquaints students with an exciting array of legal issues affecting the marketplace, consumer interests and the private ownership of 'cultural property,' including common law, unfair competition, trade secrets, predatory practices, trademark, false advertising and copyright laws. The class structure is divided equally between traditional classroom instruction and lawyering exercises pertaining to the various torts studied. Substantial student participation is, therefore, required in both aspects of the class. The first class each week is dedicated to a thorough examination of the applicable laws and cases with the expectation that students will be prepared to work through the fundamental nuances of the readings. During the second class of each week, students will divide into panels (simulating medium-sized law firm practice) to argue the interests of clients involved in one of a series of exercises. Grading is distributed as follows: 80% on performance on the final exam; 20% on participation and preparedness in the lawyering exercises. CANON LAW (CANON LAW - 1000) 2 credits This course introduces the student to the canon law of the Roman Catholic Church. In addition to an examination of the historical and theoretical foundations of canon law, the course examines certain foundational concepts of the Code of Canon Law as promulgated in 1983. The course examines the general norms for canon law (Book I, canons 1-203),

St. Johns School of Law Student Handbook 2011-12 Page 59

and the juridical structure of the Catholic Church (Book II, canons 204-572), and, in particular, the marriage laws of the Catholic Church (Book IV, canons 1055-1165). Designed for students familiar with the common-law tradition, the course adheres to a comparative methodology, stressing areas of Church law throughout the Code of Canon Law that intersect with American law (e.g., incorporation and tax exemption, conveyance of property, marriage norms). Grades are based upon a final examination. CAPITAL PUNISHMENT IN 21ST CENTURY (CRIMINAL LAW - 1040) 3 credits This course considers capital punishment's legal, political, and social implications, with an emphasis on modern legal issues. Historical and philosophical perspectives on the use of capital punishment will frame the many contemporary questions addressed during the course. The course will spend much time discussing the intricate constitutional doctrines developed by the Supreme Court in the 1970's when it "constitutionalized" capital punishment. Doctrinal topics may include: the role of aggravating and mitigating factors; challenges to arbitrary and/or racially discriminatory application of the death penalty; restrictions on the types of defendants eligible for the death penalty; restrictions on the types of jurors eligible for capital trials; the roles of defense counsel, prosecutors, judges, and juries; the scope of federal post-conviction review; and the role of executive clemency. The course will also address current issues surrounding the future of capital punishment in the United States. Grading will be based on a final exam. Prerequisite: CRIMINAL LAW CATHOLIC SOCIAL THOUGHT & THE LAW (THEORY, HISTORY & STRUCTURE OF LAW - 1060) 2 credits This course is designed to offer students an exposure to theories of law and justice based on Catholic social thought as it has developed over the last century. The course will offer students the opportunity to discuss and examine the basic principles of Catholic Social Thought and their justifications in the context of various substantive law areas and will enable students to compare those arguments with the theories traditionally used to defend and critique the American legal system. In exposing students to Catholic Social Thought as it applies to a variety of substantive areas, the course allows students a different way of thinking about legal issues that they address in other courses and equips them to think critically about the liberal state's vision of legal theory. A significant part of the readings for the course will consist of papal encyclicals, Council documents and pastoral letters issued by the American bishops. In addition, for each topic discussed in class, students will read some combination of cases, legislation (and proposed legislation), and secondary source material. Grading in the course will be based on a research paper, weekly reflections pieces on the topic for discussion in that class and on class discussion.

CHILDREN AND THE LAW SEMINAR (INDIVIDUAL RIGHTS - 1090) 2 credits This seminar examines the legal status, rights, and obligations and the allocation of power among the child, the family, and the state in contemporary society. Topics covered include the right to education, parental choice and public school curriculum, the speech rights of minors, reproductive decision-making, medical care, the unique concerns of infancy and adolescence, child abuse and neglect, and the termination of parental rights. The approach used weaves case law together with legal and cross- disciplinary readings that underscore the connections among doctrine, policy, and data. While the focus is on the United States, supplementary materials including the U.N. Convention on the Rights of the Child encourage students to place the issues in national and global perspective. The final grade is based on class participation, problem-based assignments, and preparation and presentation of a final research paper of substantial scholarly merit, minimum 30 pages in length including notes. Prerequisite: CONSTITUTIONAL LAW CIVIL RIGHTS LITIGATION SEMINAR (INDIVIDUAL RIGHTS - 2020) 2 credits This seminar will study recent cases under 42 USC sec. 1983 as an example of the judicial process in rapid evolution. Primary emphasis will be on the interaction of substantive with procedural law in this burgeoning area of righting governmental wrongs by litigation. In addition to the nature and scope of citizens' protected rights, discussions may include the role and impact of such problems as governmental immunity, federal-state relations, discovery, evidence, attorneys' fees, damages, and the relation of sec. 1983 to other available remedies. Grades are based research paper. COLLOQUIUM IN LAW (CONSTITUTIONAL LAW - 2010) 2 credits This seminar invites faculty from outside St. John's to present scholarship around a general theme chosen by the instructor(s). Students will be required to write short "reflection papers" (1500 words each) analyzing the scholarship presented, to discuss these reflection papers in class, and to participate in exchanges with the visiting scholars. Grades will be based on students' reflection papers (70%), class participation (15%), and interaction with the visiting scholars (15%). Enrollment will be based on interviews with the instructor(s) and limited to 16 students. The instructor(s) will make enrollment decisions on the basis of students' academic credentials, demonstrated interest in legal scholarship, and career plans and opportunities. COMMERCIAL ARBITRATION

St. Johns School of Law Student Handbook 2011-12 Page 60

(BUSINESS AND FINANCE LAW - 3010) 2 credits This course focuses on arbitration as a means of resolving disputes. Topics include construction and enforcement of agreements to arbitrate, the federal and New York statutory schemes governing arbitration, the possible preemption of the state law of arbitration by its federal counterpart, the legal enforceability of arbitral awards, and policy restrictions on the arbitrability of certain types of claims. Emphasis is placed on arbitration outside the highly specialized labor area. Discussion extends to practice as well as theory. Assigned reading is fairly extensive. Grades are based upon a final examination. COMMUNICATIONS LAW (ADMINISTRATIVE LAW & GOVERNMENT REGULATION - 1050) 2 credits This course is designed to explore the legal standards and policies affecting electronic communications media. Attention will be given to the licensing and regulation of telephone, broadcasting, cable television services and new developments affecting the communications marketplace. Among the subjects to be treated are: constitutional standards applicable to electronic media, content controls, common carrier regulation, federal preemption of state and local regulation, and deregulation. Grades are based upon a research paper of law review quality on a topic approved by the faculty member conducting the course, assigned memoranda, and class participation. COMPARATIVE ASYLUM PROTECTION & INTERNATIONAL HUMAN RIGHTS (INTERNATIONAL AND COMPARATIVE LAW - 2090) 2 credits This course will examine and compare how different nations have addressed asylum protection in a modern context, starting with the United States and problem areas it recently has faced, such as post-911 concerns with national security, persecution, civil war, opposition to coercive family planning programs, and the many issues raised by gender-based claims for protection. The course also will examine the ways in which human rights and humanitarian law have influenced asylum law and continue to help achieve the goals of the Geneva Convention. The course grade is based on a final exam. COMPARATIVE BANKRUPTCY SYSTEMS (BANKRUPTCY LAW - 2010) 2 credits This course examines the insolvency systems used by key European, Latin American, Middle Eastern, and Far Eastern countries and will consider their comparative strengths and weaknesses. Prerequisite for J.D. students: Creditors' Rights. COMPARATIVE CORPORATE LAW SEMINAR (BUSINESS AND FINANCE LAW - 3070) 2 credits

This course examines the corporate governance systems used by key European and Asian countries. Much of the seminar will be devoted to analyzing the common problems facing business organizations and how different legal systems respond to those problems. Among other topics, the seminar will analyze differences in the basic governance structure of corporations, creditor protection, related party transactions, mergers and acquisitions, and investor protection. The class will be conducted as a seminar in which students will present, defend, and receive comments from their fellow students on their papers. Students will be responsible for reading all required course materials and for class participation. Each student will also be required to research and write a paper on a relevant topic. The grade will be based on the paper (80%) and class participation (20%). Prerequisite: BUSINESS ORGANIZATIONS COMPARATIVE ELECTION LAW SEMINAR (INDIVIDUAL RIGHTS - 2040) 3 credits This seminar will examine contemporary doctrinal and normative issues concerning the electoral process and the efficacy of American democracy vis a vis the election systems of other constitutional democracies. The goal of the seminar is to engage students in a critical analysis of the legal framework and social and political landscape that underpin the exercise of the franchise in the United States within a broader, global context. Students will gain a deeper understanding of democratic theory and constitutionalism by studying features of the electoral systems in key European, Latin American, and African democracies, as well as Australia and the constitutional principles that animate them. The seminar will provide an abbreviated review of the legal history of the American franchise, legal and practical limitations on its current use, and the ways in which the regulation of political participation affects the balance of power in America. The course differs from Election Law and Political Participation (ELPP) in that it focuses on comparative law concepts and specific election laws in other constitutional democracies. Specific domestic election law concepts will be introduced as developed regulations and considered more fully only in the comparative context. To this end, students will be required to examine a contemporary voting rights issue in the United States and explore its current societal impact and the global context in which it operates through a comparative law analysis involving a peer democratic nation. Grades for the course will be based on a final paper, an in- class presentation, and in-class participation. N.B.: It is recommended, but not required, that students take Election Law and Political Participation in advance of the seminar. Prerequisite: CONSTITUTIONAL LAW COMPARATIVE LAW (INTERNATIONAL AND COMPARATIVE LAW - 2000) 2 credits

St. Johns School of Law Student Handbook 2011-12 Page 61

This course will examine law and legal phenomena from a variety of different perspectives, with an emphasis on understanding how law operates and the role of law in society. It will begin with a discussion of the theory which underlies Comparative Law, primarily focusing on methodology and functional analysis and will then discuss the traditional focus in Comparative Law on the comparison between common law and civil law systems, and on the subject of "legal families," which consists of placing legal systems in broad groups. The focus will then shift to specific comparisons in constitutional law, and several other areas. Following this coverage of the traditional approach to Comparative Law, the course will examine several non-traditional approaches, which includes a study of the literature on the differences between primitive law and modern law. The purpose of this focus is to study the relationship between law and society and will then discuss the worldwide phenomenon of the transplantation of law (through colonization and voluntary borrowing), leading up to the present situation in many countries where the legal system contains a set of norms different from those reflected in society. Students enrolled in this course should gain an understanding of how law functions in different social contexts, thereby learning how law operates in our own society. Grades are based upon several class exercises and an exam. COMPLEX BANKRUPTCY LITIGATION SEMINAR (BANKRUPTCY LAW - 2020) 2 credits This course will examine fraudulent conveyances; equitable subordination; substantive consolidation; preferences; confirmation of reorganization plans; and civil RICO, lender, and CERCLA liability. The course will also include issues such as expense management and budgeting; conflicts of interest; and other ethical considerations. Prerequisite for J.D. students: Creditors' Rights. COMPUTERS & THE LAW (INTELLECTUAL PROPERTY - 1000) 2 credits This course will focus on the current legal issues involving computer technology. Topics include use of the computer as a legal aid, the protection of computer software as intellectual property, contracting for computer services, and government regulation of computers. Grades are based upon a research paper. CONDOMINIUMS, COOPERATIVES & HOMEOWNER ASSOCIATIONS (PROPERTY - 1000) 2 credits This course examines modern forms of shelter from the viewpoint of the community, the developer, the institutional lender and the consumer. The relative advantages of each form of development, the legal problems involved in selling and re-selling individual units, and the controls that may be exercised over unit owners are examined. The economic, social and legal aspects of

conversion of rental properties to cooperative or condominium status are discussed. Rights and remedies in the event of defaults by unit owners/developers are also considered. Students will work with applicable statutes, governmental regulations and documents of existing projects. Grades are based upon a research paper. CONSTITUTIONAL RIGHTS SEMINAR (CONSTITUTIONAL LAW - 1010) 2 credits This seminar explores current important areas of constitutional law, with particular attention to the judicial protection of individual rights, including free speech, free press, religious freedom, privacy and gender-based discrimination. The seminar format permits analysis of these topics of expanding interest in greater depth than in the basic course. The areas discussed may vary somewhat in emphasis from one semester to another, depending in part on current decisions of the courts and in part on students' choices in selecting topics for their papers. Each student will prepare a paper of law review quality on a topic approved by the faculty member conducting the seminar. Grades are based upon a paper and course participation. Prerequisite: CONSTITUTIONAL LAW CONSTITUTIONAL THEORY (CONSTITUTIONAL LAW - 1020) 2 credits This course examines the fundamental legal theories supporting the constitutional system in the United States. Selected readings from the Federalist Papers round the course. Current legal scholarship in constitutional theory provides satellite readings to explicate further the basic principles of the Constitution. Grades are based upon a series of related essays on themes in constitutional theory. Prerequisite or Corequisite: CONSTITUTIONAL LAW CONSUMER PROTECTION (INDIVIDUAL RIGHTS - 1020) 3 credits This course explores the laws governing a variety of oppressive practices merchants engage in, including unfair and deceptive advertising, bait and switch transactions, and referral sales. The course also examines the law governing credit cards and other consumer credit transactions, including credit reporting, credit discrimination, abusive collection practices, and usury. Also covered are cooling off periods, debit cards, the cutting off of consumer claims and defenses, and how consumers can assert their rights. The course covers the Federal Trade Commission Act, the Consumer Credit Protection Act (including the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Electronic Fund Transfers Act, the Truth in Lending Act, and the Fair Credit Billing Act), the Magnuson-Moss Warranty Act, and various New York State statutes. Grades are based upon a final examination.

St. Johns School of Law Student Handbook 2011-12 Page 62

CONTEMPORARY CRIMINAL JUSTICE SEMINAR (CRIMINAL LAW - 1090) 2 credits This seminar addresses today's pressing issues in criminal justice. It deliberates over the social and political implications of our criminal law policies. Specific topics will vary from year to year, but are likely to include some from the following list: (1) criminal law in family matters; (2) crimes of vice including the controversial war on drugs, the movement against drunk driving, drug treatment courts, etc.; (3) the challenge of pluralism including hate crimes and the culture defense; (4) community criminal justice policies and theory; (5) overcriminalization and many others. There will also be a comparative law component. Grades will be based on research paper, in class participation and a short reflection paper. N.B.: Students taking this course are not permitted to take the threecredit Advanced Criminal Law course. Prerequisite: CRIMINAL LAW COPYRIGHT LAW (INTELLECTUAL PROPERTY - 1010) 3 credits This course provides a detailed study of copyright law. We will explore topics such as the nature and determination of authorship and ownership; the types of work protected; the scope of protection; infringement; fair use; remedies; and issues raised by digital creation and Internet uses. Focusing primarily on U.S. law, and also on the international dimensions of copyright and related rights, we will discuss the historical development and purposes of copyright law and policy, and we will consider whether and how those purposes are being served in the digital age. Grades are based upon a final examination. Prerequisite: INTRO TO INTELLECTUAL PROPERTY CORPORATE FINANCE (BUSINESS AND FINANCE LAW - 2010) 3 credits This course consists of a detailed study of legal, business, economic, corporate and accounting aspects of valuation of the firm and of securities, capital structure, issuance and reacquisition of various types of securities (including new financial instruments and financing techniques), dividend policy, interplay with financial markets, the use and legal regulation of commodity and financial futures, options and markets (subject to time), and related issues in contemporary corporate finance. The course culminates in a study of similar aspects and techniques of mergers and acquisitions. Grades are based upon a final examination. Prerequisite: BUSINESS ORGANIZATIONS CORPORATE GOVERNANCE SEMINAR (BUSINESS AND FINANCE LAW - 2060) 2 credits This seminar is designed to allow students an opportunity to explore corporate law-related topics of their choosing in depth. The course will initially be spent introducing and

studying selected topics in corporate law not covered in the basic Business Organizations classes. The topics covered will include: Theories of the Corporation, including Classical, Contractarian and Social Responsibility Theories; The Role of Corporations in Society; The Concept of Limited Liability; Fiduciary Duties of Officers and Directors, including the cases of Mergers and Acquisitions; Dividend and Voting Conflicts with Shareholders and Self-Interested Transactions; The Changing Role and Rights of Debt; Proxy Rule Reform; The Corporate Governance Movement; Institutional Investors; the A.L.I. Corporate Governance Project; the Role and Duties of Corporate Attorneys; and others. The class will be conducted as a seminar in which students will present, defend and receive comments from their fellow students on their papers. This course is intended to complement but not to overlap the separate electives in Corporate Finance and Securities Regulation. Prerequisite: BUSINESS ORGANIZATIONS COUNSELING IN THE GLOBAL COMMUNITY (INTERNATIONAL AND COMPARATIVE LAW - 3000) 2 credits This class will examine the various issues faced by recently admitted attorneys working in a law firm, governmental or corporate setting, when representing clients whose interests engage the global economy. Students will be expected to master doctrinal issues arising from specific corporate transactions, government to government agreements and U.S. statutory and decisional law. Among the legal topics underlying the specific cross-border matter will be the domestic consequences of the different approaches in the U.S. and the E.U. concerning the attorney-client privilege; in personam jurisdiction; data privacy legislation; discovery; corporate separateness and the scope of legal liability in a corporate group setting; and the domestic application of foreign law. Students will also consider a variety of topics that affect the work of lawyers, including how cultural differences affect business negotiations, how cross-border deals are structured in order to achieve business goals, and how workflow is managed in a complex business transaction. Course enrollment is limited to 12. Grades will be based on three written assignments and on class participation. COUNTERTERRORISM LAW (CRIMINAL LAW - 2030) 3 credits This course focuses on the law enforcement responses to international and domestic terrorism. Topics will include the use of informants and cooperating witnesses, immigration enforcement, surveillance, interrogation, detention issues, the use of military commissions, and the USA PATRIOT Act. Grades will be based on class participation and a final exam. Students are encouraged, though not required to complete Criminal Procedure I prior to enrolling in Counterterrorism Law. COURT MANAGEMENT JURISPRUDENCE

St. Johns School of Law Student Handbook 2011-12 Page 63

(STATE AND FEDERAL PRACTICE - 1040) 2 credits A jurisprudential and practical examination of the principles, theories and underlying systems of court management, including the sources and application of authority ( e.g., Constitutions, statutes, rules and cases). The course will explore the distribution of authority within the Judicial Branch itself, and among the other Branches, through the lens of the bedrock principle of checks and balances. The objective of how various forums, charged with dispute resolution, fulfill their responsibility to provide fair, full and efficient operation within their case management systems will also be explored, with principal focus on New York State's Judicial apparatus. The grade, in a limited enrollment setting of 25 upperclass students, will be based largely on a research paper of publishable quality between 5,333 and 8,000 words, and also on class participation and one mid-course quiz. CREDITORS' RIGHTS (BANKRUPTCY LAW - 1000) 3 credits This course deals with proceedings to enforce judgments, problems with respect of fraudulent conveyances, alternatives to bankruptcy, and a complete analysis of the Bankruptcy Code. Grades are based upon a final examination. CRIMINAL PROCEDURE II (CRIMINAL LAW - 1060) 2 credits This course covers procedure from arraignment to trial, including bail, preliminary examination, grand jury procedure, immunity, discovery, motions to dismiss, double jeopardy, the right to confront witnesses, and guilty pleas. Cases are discussed under the New York Criminal Procedure Law and the Federal Rules of Criminal Procedure. Grades are based upon a final examination. Prerequisite: CRIMINAL PROCEDURE I DEVELOPMENT OF MODERN BANKRUPTCY: THE INNOVATORS (BANKRUPTCY LAW - 4070) 1 credit This course approaches recent bankruptcy history from the perspective of a major participant in the development of some aspect of bankruptcy law or practice. Students will research the issues and cases in which the subject played an important part. From that material, the class will prepare an interview script including questions for the subject and will participate in a videotaped interview of the selected person. Evaluation will be based on an examination that will require a full understanding of the interviewee's problems and objectives and the court decisions and legislative enactments that resulted from the interviewee's efforts. Class participation and written work may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights

DIRECTED RESEARCH (DIRECTED RESEARCH - 1000) 2 credits The course in Directed Research is designed to afford students the opportunity to prepare a major research paper of publishable quality under the direction of a faculty adviser who has expertise in a particular area of the law. Students are responsible for obtaining the sponsorship of a faculty member prior to registering for the course. Students must complete an "Approval of Directed Research" form with the signatures of the faculty adviser and the Associate Dean to be submitted to the Registrar at the time of registration. Academic credit will be awarded only if the student has successfully completed all requirements by the end of the student's penultimate semester at the Law School. Completion of requirements means that the student shall have produced a final writing of at least 8000 words in length (approximately thirty pages), inclusive of footnotes, that, except for the minimum grade, satisfies the guidelines in place at the time of registration and shall have prepared a detailed outline and have satisfied any other preparatory steps required by the instructor. Prerequisite: LEGL ANALYSIS, WRITING & RESEARCH DIRECTED RESEARCH-LAW REVIEW (DIRECTED RESEARCH - 1040) 2 credits The course in Directed Research is designed to afford students the opportunity to prepare two articles of publishable quality, one at least 5400 words long (the "Primary Article") and the other at least 2600 words long (the "Secondary Article"), each prepared under the direction of a faculty member who has expertise in a particular area of the law. Registration is restricted to members of the Law Review who have received the prior approval of the Law Review's faculty advisor. All other students who wish to engage in Directed Research, including members of the Law Review who have not obtained permission to register for this course, should register for DIRECTED RESEARCH-1000. Students are responsible for obtaining the sponsorship of a faculty member for each article prior to registering for the course. Students must complete an "Approval of Directed Research" form for each article with the signatures of the faculty member supervising the article, the Law Review's faculty advisor, and the Associate Academic Dean to be submitted to the Registrar at the time of registration. The student's grade will be determined by the faculty member supervising the Primary Article, based on his or her assessment of the quality of the Primary Article, provided, however, that no credit shall be given for t his course unless the faculty member supervising the Secondary Article certifies that the Secondary Article is of publishable quality. Academic credit will be awarded only if the student successfully completes all the requirements by the end of the student's penultimate semester at the Law School. Completion of requirements means that the student shall

St. Johns School of Law Student Handbook 2011-12 Page 64

have produced a final writing or writings of at least 8000 words of publishable quality that, except for the minimum grade, satisfies the guidelines in place at the time of registration for fulfillment of the Advanced Scholarly Writing Requirement, including preparation of a detailed outline and completion of any other preparatory steps required by the instructor. A writing is of publishable quality if it is well-written, is adequately supported by authority, demonstrates analytical ability, and is entitled to a grade no lower than B+. Prerequisite: LEGL ANALYSIS, WRITING & RESEARCH DOMESTIC RELATIONS IN BANKRUPTCY (BANKRUPTCY LAW - 2030) 2 credits This course will examine issues such as the enforceability and dischargeability of antenuptial, divorce, and separation agreements; maintenance and support obligations; and other pre-bankruptcy consensual arrangements including the rights and obligations of spouses of persons in bankruptcy. Prerequisite for J.D. students: CREDITORS' RIGHTS or FAMILY LAW. DRAFTING & NEGOTIATING TRANSACTIONS IN INFORMATION TECHNOLOGY (ADVOCACY AND LEGAL SKILLS - 8060) 2 credits This transactional-based drafting course provides an overview of complex IT (information technology) transactions and the commercial and legal principles governing these transactions. Study materials will be drawn from actual contracts and other relevant materials, and emphasis will be placed on developing an understanding of the interaction of commercial needs and legal requirements, including those found in corporate, contracts, intellectual property, and other legal practice areas. Participants will develop an understanding of specific contractual, risk, and warranty clauses and practice pitfalls. The student's grade will be based upon periodic short written exercises (30 percent), a take-home examination (40 percent), and class participation -- including participation in mock negotiations (30 percent). Appropriateness and clarity of oral and written expression and legal analysis will be emphasized. It is recommended but not required that students take Business Organizations as a pre-requisite. Prerequisite: CONTRACTS I AND CONTRACTS II AND INTRO TO INTELLECTUAL PROPERTY DRAFTING: ADR DOCUMENTS (ADVOCACY AND LEGAL SKILLS - 9050) 2 credits This interactive seminar is designed to teach students the skills to draft the documents necessary to inform clients about ADR alternatives, to draft effective alternate dispute resolution provisions in commercial contracts, and to draft understandable enforceable settlement agreements for successfully mediated matters or negotiated settlements. Students will be required to draft arbitration and

mediation clauses, client memos, and settlement agreements. The course will also address post-dispute mediation and arbitration agreements. Work product will be critiqued by the instructor and by fellow students. Students also will have the opportunity to discuss their drafts with practicing professionals. Although the course is designed to be applicable to all types of contracts, there will be a focus on matters relating to the media industry. Grades will be based on a series of assigned papers, a final presentation, and class participation. DRAFTING: ADOPTION LAW 2 Credits This course introduces Adoption Law, with a view toward teaching the law of adoption and the practice of completing adoptions. Students will learn the history of adoptions, the types of adoptions (agency, independent, stepparent), and the legal issues that can arise in the course of adopting a child (such as interracial, inter-religious, gay/lesbian, intercountry adoptions). The students will do the kinds of drafting and writing that adoption lawyers do. The course satisfies the APWR. Grades will be based on four papers 6-8 pages in length (minimum 25 pages), a final examination and class participation and preparation. Prerequisite: FAMILY LAW. DRAFTING: BANKRUPTCY & COMMERCIAL AGREEMENTS (BANKRUPTCY LAW - 2040) 2 credits This practice-oriented course will examine how to draft documents such as agreements pertaining to cash collateral, loans, asset purchases, disclosure statements, reorganization plans and post-petition loans. Pre-requisite for J.D. students: Creditors' Rights DRAFTING: CONTRACTS (ADVOCACY AND LEGAL SKILLS - 8000) 2 credits This course provides intensive instruction in the drafting of contemporary commercial contracts. Students learn how to translate a business deal into contract concepts, how to structure the agreement, and how to draft contract provisions clearly, precisely, and efficiently. Written exercises are assigned for each class; in addition, students draft a full-length agreement and redraft the agreement following a critique. Some negotiation is included. Grades will be based on several short drafting assignments (totaling 30%), an initial and a revised draft of a contract (totaling 55%); and class participation (15%). N.B.: Students taking this course are not permitted to take Professor Boyle's Legal Writing Seminar. DRAFTING: ENVIRONMENTAL LAW (ENVIRONMENTAL LAW - 1050) 2 credits This class is designed to teach students how to write documents that are common in the practice of environmental law. At the discretion of the instructor, the

St. Johns School of Law Student Handbook 2011-12 Page 65

course may focus on coastal and maritime environmental issues. Students will write assignments, including a client letter, a pleading, and a trial or appellate brief. Grades will be based on the three written assignments. This course satisfies the Advanced Practice Writing Requirement. DRAFTING: FEDERAL CIVIL PRACTICE (STATE AND FEDERAL PRACTICE - 3020) 2 credits This course is the federal analogue of Civil Practice SeminarState. The course is designed to give students experience in drafting the legal papers necessary to prosecute a civil action in federal court, including pleadings, amended pleadings, discovery requests, dispositive and nondispositive motions, post-trial motions, and appellate papers. Assignments will be developed through hypothetical case files and will vary from time to time. Grades are based upon written submissions, oral presentations and class participation. DRAFTING: FEDERAL CRIMINAL PRACTICE (ADVOCACY AND LEGAL SKILLS - 8030) 2 credits This course is intended to expose students to the investigative process and to develop the students' ability to write affidavits, charging documents (complaints and indictments), motions (suppression and sentencing), memoranda, and other writings in a "paper" prosecution. Students, as a group, will be required to interview the investigating special agent and the defendant, as well as review the case file for pertinent case information. Students will be expected to utilize legal research, required readings, and information provided by witnesses and the case files to prepare the writing assignments. The course will utilize an evolving fact pattern during the semester, and students will assume the role of either prosecutor or defense attorney for several assignments. Students will have one week to return assignments, though with respect to some assignments students will submit drafts prior to submitting the students' final work product. Additionally, it is expected that when preparing responses, the students will respond to earlier submissions of the students' peers. The final grade will be based cumulatively upon class participation and written assignments, with more complicated assignments carrying greater weight. Prerequisite: LEGAL ANALYSIS & WRITING AND CRIMINAL LAW AND CRIMINAL PROCEDURE I DRAFTING: INTERNATIONAL CONTRACTS (ADVOCACY AND LEGAL SKILLS - 9060) 2 credits This course provides intensive instruction in the drafting of commercial contracts in an international context. Students learn how to translate a business deal into contract terms, how to organize those terms into a coherent contract, and how to draft clearly, precisely, and efficiently. Students also explore the special considerations that arise in international transactions, including choice of law, choice of forum, and

dispute resolution. Drafting skills are developed and assessed through regular in-class drafting exercises and weekly graded drafting assignments of increasing complexity. For the final exam, students draft a complete contract between commercial parties of different nationalities, working from a set of facts, a model form, and other materials. DRAFTING: IP LICENSES (INTELLECTUAL PROPERTY - 2020) 3 credits Prerequisite - Introduction to Intellectual Property; students may also wish to consider taking Copyright, Trademark, or Patent Law either prior to or simultaneously with enrollment in this course. License agreements are the primary tool employed in the commercial use and exploitation of intellectual property. Licenses provide the vehicle for owners of copyrights, patents, trademarks, rights of publicity, and trade secrets to generate revenue from their property and monetize their interests in such intangibles. For students interested in practicing in IPdriven areas of law (i.e., copyright, trademark, patent, entertainment, arts, sports, publishing, biotech, pharma, etc.), this course will provide the advanced-level skills of analyzing and drafting documents used to transfer, lend, securitize and otherwise exploit the key elements of intellectual property that underlie these areas of law. Grades will be based on a combination of a final examination and two writing assignments. This class will satisfy the Advanced Practice Writing Requirement. Prerequisite: INTRO TO INTELLECTUAL PROPERTY DRAFTING: JUDICIAL OPINIONS (ADVOCACY AND LEGAL SKILLS - 9070) 2 credits Students will critically examine various models of legal reasoning and case resolution and will engage in detailed opinion studies that consider reasoning, substance, tone, and style. Through in-class exercises and two graded opinion assignments, students will develop their skills in drafting clear and persuasive judicial opinions in difficult cases. Grades will be based on class participation, in-class drafting exercises, and two graded opinion assignments. This class is especially helpful for students interested in pursuing judicial clerkships. The course satisfies the Advanced Practice Writing Requirement. DRAFTING: LITIGATION DOCUMENTS & CONTRACTS (ADVOCACY AND LEGAL SKILLS - 2050) 3 credits This course is designed to expose students to the various types of Legal Writing and Legal Drafting encountered in law practice. Students will negotiate and draft various types of contracts and will receive intensified instruction in the researching and written discussion of complex legal issues. Students will also receive instruction on preparation of litigation papers and written advocacy. There will be approximately eight written assignments, but no term

St. Johns School of Law Student Handbook 2011-12 Page 66

paper or final examination. N.B.: Students who take Professor Boyle's section of the course are not permitted to take the two-credit Drafting: Contracts course. DRAFTING: NEW YORK CIVIL PRACTICE (STATE AND FEDERAL PRACTICE - 2050) 2 credits In addition to drafting the papers necessary in the prosecution or defense of a civil action or proceeding in the New York State Courts, students will learn how to utilize the Civil Practice Law and Rules and related practice acts in hypothetical situations. While the specific subjects addressed in the course may vary from time to time, they are likely to include the drafting and amendment of pleadings; pre-trial, trial and post-trial motion practice; deposition workshops; the role of Article 78 proceedings; appellate court procedure, and the like. Grades are based upon written submissions, oral presentations, and classroom participation. Prerequisite: NEW YORK PRACTICE DRAFTING: REAL ESTATE TRANSACTIONS (PROPERTY - 1050) 3 credits Open to Seniors Only. This course is a transaction-oriented course dealing with modern real estate problems. The major work product is a series of drafted agreements. Before undertaking actual drafting, students analyze a hypothetical transaction on an integrated functional basis. This involves primarily the interplay of Property, Partnership, Corporation and Tax rules, and how to use them to achieve maximum objectives. Pertinent background reading is assigned in connection with each transaction. Preliminary analysis leads to particular structuring or restructuring of a transaction and provides the basis for the drafting of the appropriate instruments. Grades are based upon class assignments and a final examination. This course does not satisfy the Advanced Practice Writing Requirement. Prerequisite or Corequisite: REAL ESTATE TRANSACTIONS DRAFTING: TRADEMARK PROSECUTION (INTELLECTUAL PROPERTY - 2030) 2 credits This course will provide the skills to review a trademark search report, file an application, and prosecute a trademark application through registration. Students will develop familiarity with the trademark prosecution process and procedures relevant to practice before the U.S. Patent and Trademark Office and Trademark Trial and Appeal Board. Grades will be based upon a combination of eight short writing assignments and class participation. This class will satisfy the Advanced Practice Writing Requirement. Prerequisite: TRADEMARKS & UNFAIR COMPET DRAFTING: WILLS & TRUST INSTRUMENTS (TRUSTS AND ESTATES - 1000) 2 credits

This course is designed to develop practical skills in the drafting of wills, trusts and other instruments involved in donative transfer as well as an understanding of the goals and limitations of the drafting process itself. The importance of client counseling as a means of insuring maximum tax efficiency is stressed as well as the range of legal tools available to the drafter in addressing a variety of human situations. Topics to be included are pecuniary legacies, legacies of tangible personality, devises of specific realty, residuary bequests, will substitutes, intervivos trusts, and gifts on condition. Grades are based upon a final examination and graded drafting assignments. Prerequisite: TRUSTS AND ESTATES EDUCATION LAW SEMINAR (EDUCATION LAW - 1000) 2 credits This seminar examines the interaction of courts, the legislature, and administrative agencies in setting educational policy and enforcing legal rights under federal and New York State Law. Emphasis is placed on the civil rights and civil liberties of students and teachers as well as on the limitations of legal institutions in solving complex social and educational problems. Areas to be explored include tenure, certification issues, employment and labor relations, academic freedom, church state issues, censorship, compulsory education, rights of disabled students, student discipline, discrimination and school finance reform. Students present their papers to the class. Grades are based upon class participation, a research paper and in-class presentation of the paper. ELDER LAW (TRUSTS AND ESTATES 1080) 2 credits As the population ages, Elder Law is an increasingly important part of American jurisprudence. This course will examine the law as it relates to the elderly. It will cover the ethics implicated in representing an elderly client, advance directives (powers of attorney, living wills and health care proxies), Mental Hygiene Law Article 81 guardianships, Medicaid and Medicare, trusts (including special needs trusts), Veterans Benefits, Social Security, fair hearings and several miscellaneous topics. Prerequisite: TRUSTS & ESTATES. ELECTION LAW & POLITICAL PARTICIPATION (INDIVIDUAL RIGHTS - 2030) 3 credits This course will explore the regulation of the right to vote and other aspects of political participation through an examination of case law and specific constitutional and statutory frameworks. The goal of the course is to engage students in a critical analysis of the legal framework and social and political landscape that underpin political participation in the United States. In particular, the course will explore the legal history of the franchise, legal and practical limitations on its current use, the role of race in

St. Johns School of Law Student Handbook 2011-12 Page 67

the electoral process, and the ways in which voting and the regulation of political participation affect the balance of power in America. The course will dissect major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, and the 2000 presidential election controversy, and campaign finance. In addition, the course will cover key voting rights legislation, such as the Voting Rights Act of 1965, et seq., the National Voter Registration Act of 1993, and the 2002 Help American Vote Act. Grades will be based on a final examination, an in-class presentation, and in-class participation. Prerequisite: CONSTITUTIONAL LAW ELECTRONIC EVIDENCE & DISCOVERY (STATE AND FEDERAL PRACTICE - 3050) 2 credits Electronic Discovery & Evidence begins with pre-litigation counseling of clients on electronic document retention policies, continues through the collection and production of electronic matter during the course of pre-trial litigation, and concludes with issues involving the admission and use of electronic evidence at trial. The theory and practical application of federal and state laws and court rules will be covered in equal measure, including applicable ethical, discovery, and evidentiary rules and decisional law coupled with hands-on practice. Students will review and draft document preservation and spoliation letters, discovery requests, and discovery motions involving electronic material, both before and during trial. Students will also make oral presentations of motion arguments and evidentiary foundations. Grades will be based on class participation, written assignments and oral presentations. Prerequisite: EVIDENCE EMPLOYMENT DISCRIMINATION (LABOR AND EMPLOYMENT LAW - 1020) 3 credits This course studies the federal, state, and local laws and executive orders prohibiting employment discrimination with focus on problems of proof, and remedies for violation. Grades are based upon an examination. EMPLOYMENT LAW (LABOR AND EMPLOYMENT LAW - 1010) 3 credits This course concentrates on employment-related rights and benefits not covered in the basic and advanced labor law courses. Areas of analysis include state and federal statutory schemes for disabling injuries and diseases (Workers Compensation and Social Security Disability Benefits), workers safety and heath (OSHA), and pensions (ERISA and Social Security Retirement Benefits). Employment-at-will is also explored. The coordinating themes throughout the course are the historical and the theoretical bases for employment-related social legislation and an ongoing inquiry into the fundamental nature of

employment itself. examination.

Grades

are

based

upon

final

ENRON, ETHICS & BANKRUPTCY (BANKRUPTCY LAW - 4020) 1 credit The case study approach will be used to investigate the high profile corporate scandals that have caused so many recent large bankruptcies. Using the Enron fiasco as its focus, the course will examine the causes and consequences of Enron's failure from business, financial, legal and ethical perspectives. Students will be required to select a topic and prepare a paper related to the implications of corporate scandal. Class participation is required and may be factored into the final grade. ENTERTAINMENT LAW (INTELLECTUAL PROPERTY - 1020) 2 credits This course will explore the protection and exploitation of generally intangible literary, musical and artistic property through a thorough analysis of the legal framework of the entertainment industries. Using basic doctrines of contract, copyright and labor law, the course will show how an entertainment concept is developed, copied, distributed and protected from unauthorized duplication. Antitrust, tax and other commercial questions will be treated. Sample agreements will be analyzed. Grades are based upon a research paper. ENVIRONMENTAL LAW (ENVIRONMENTAL LAW - 1000) 3 credits This course covers the effective legal responses to current environmental problems, including air and water quality, noise, toxic substances, solid and hazardous waste and nuclear hazards. It also focuses on environmental considerations in the use of land, protection of parks, wetlands and historic buildings, and energy conservation in electricity, heating and transportation. Common law, administrative and statutory remedies, federal and state, are discussed. Grades are based upon a final examination. Prerequisite or Corequisite: CONSTITUTIONAL LAW ENVIRONMENTAL LAW SEMINAR (ENVIRONMENTAL LAW - 1040) 2 credits The Seminar will address contemporary developments in Environmental Law. The course considers some new developments in environmental studies, such as complexity and ecology, new developmental toxicology, the economics of commons and ecosystem valuation, cost-benefit analysis and precautionary regulation, and technology assessment. The readings then address the most recent science on climate change and institutional responses to it. The rest of the seminar considers issues in energy law, corporate law, chemicals regulation, and urban development. Students will work with the professor to choose topics for research

St. Johns School of Law Student Handbook 2011-12 Page 68

and writing projects. Research papers may consider aspects of the topics covered in the syllabus and may also draw from a list of other suggested topics, including food and agriculture, public health, and new technologies, such as genetically modified organisms and nanotechnology. Grades are based on the following allocation: one 20/30 page paper or two 10-page papers (80%); presentation to the class (10%); and class participation (10%). Prerequisite: ENVIRONMENTAL LAW ENVIRONMENTAL REGULATION OF TOXIC & HAZARDOUS SUBSTANCES (ENVIRONMENTAL LAW - 1010) 2 credits This course surveys the federal and state statutory systems concerning toxic substances. Topics will include hazardous waste transportation and management; the Superfund statute and its implementation, including real estate issues, lender and successor liability, bankruptcy and insurance implications; corporate transactions and planning, environmental auditing and confidentiality in the regulatory process; reporting, inventory and notice statutes; international trade agreements and waste export regulation; agreements and waste export regulation; nuisance law, waste quantitative risk assessment; and regulation of oil, pesticides and toxic chemicals. Grades are based upon a final examination. ESTATE ADMINISTRATION (TRUSTS AND ESTATES - 1010) 2 credits This course is intended to give the student a practical knowledge of the Surrogate's Court Procedure Act and such related statutes as affect recurring problems in the administration of decedents' estates, with specific reference to the probate of wills, the issuance of letters testamentary, letters of administration and letters of temporary administration, collection of estate assets, payment of expenses and debts, general investment power of fiduciaries, allocation of trust funds between trust principal and trust income, apportionment of estate taxes, compensation of fiduciaries and attorneys, and ultimate distribution and accounting. The object of the course is to provide the fundamental working knowledge prerequisite to the legal representation of estate fiduciaries. Grades are based upon a final examination. Prerequisite or Corequisite: TRUSTS AND ESTATES ESTATE ADMINISTRATION - LITIGATION (TRUSTS AND ESTATES - 1020) 2 credits This course examines litigation in complex will contests (with or without juries); will construction litigation; settlement negotiations; proper procedures in probate, tax, and estate accounting; the handling of charitable and other dispositions in trusts; the approach to appellate practice in estates, trusts, and related matters. Grades are

based upon a research paper. Prerequisite or Corequisite: TRUSTS AND ESTATES ESTATE PLANNING (TRUSTS AND ESTATES - 1030) 2 credits This course uses assigned problems to explore tax and other factors to be considered in intervivos and testamentary dispositions to transfer accumulated wealth, including traditional assets and non-testamentary assets such as employee benefits and insurance. Federal estate and gift tax law, some elder law and the substantive law of trusts and estates are integrated into the syllabus. Grades are based upon a final examination. Prerequisite or Corequisite: TRUSTS AND ESTATES EUROPEAN LEGAL HISTORY (INTERNATIONAL AND COMPARATIVE LAW - 3060) 2 credits A survey course on the development of continental European law from the promulgation of Justinian's Corpus Juris Civilis in the mid-6th century to the creation of the Napoleonic Code at the beginning of the 19th century. This broad period of European history witnessed the confluence of several streams of law--most notably Roman law, canon law, and national customary law--each contributing to the creation of the hallmark institution of the continental legal systems: the civil codes. With emphasis on the study of original sources supplemented by secondary texts, attention will be given to an examination of the reinvigoration of the study of Roman law by the medieval Glossators culminating in the Magna Glossa of Accursius. The emergence of canon law and Romano-canonical procedure will be studied, as will the importance of early indigenous customary law such as Aethelbert's Law and the Burgundian Code. The emergence and development of the law merchant as a primary enabler for international economic growth will be discussed. The work of the civil law Commentators and the emergence of national legal institutions in the 14th and 15th centuries will be considered, as will the homologation of customary law and the enactment of the grandes ordannances in France. Finally, the influence of early modern political and legal thought will be examined in the context of the movement toward codification in the 17th and 18th centuries, culminating in Napoleon's landmark codification of the French civil law. As this is a rather large body of material, the course will concentrate on tracing the development throughout this period of three selected areas of the law-ownership of wild animals (res nullius), witness procedure, and the law of sales. Comparisons to parallel developments in the common law will be made as appropriate, but the focus will remain on continental Europe. The course will also place legal developments within their broader socialhistorical context. All readings and supplementary materials will be in English. No prior knowledge of Roman law is required, as the course will begin with a brief survey of the development of Roman law up to Justinian. A final exam

St. Johns School of Law Student Handbook 2011-12 Page 69

will be used to evaluate performance, as will class preparation and participation. EVIDENCE: FORENSIC DNA (STATE AND FEDERAL PRACTICE - 3040) 2 credits This course is designed to provide students with the fundamental knowledge necessary to handle cases in which forensic DNA evidence is in issue. The course will familiarize the student with the various terms associated with forensic DNA analysis. The program addresses the legal principles controlling the proper evaluation and presentation of DNA evidence, and the scientific and statistical principles underlying forensic DNA analysis. It examines basic principles of biology, population genetics, and statistics as they apply to forensic DNA analysis, as well as specific evidentiary foundations and techniques for presenting DNA evidence in a trial. It also examines legal challenges to the underlying scientific principles and statistical analysis of DNA evidence, together with legal strategies to effectively address these challenges. The student's grade will be based upon a final exam and class participation. EXECUTORY CONTRACTS IN BUSINESS BANKRUPTCY (BANKRUPTCY LAW - 5050) 1 credit This course examines the treatment of executory contracts in bankruptcy. The course will cover the basic rules governing assumption, rejection and assumption and assignment, and the course will explore the motivations of the parties. Evaluation will be based on an examination, but class participation may be factored into the final grade. Pre-requisite for J.D. students: Creditors' Rights. (Reorganization Under Chapter 11 is a recommended preor co-requisite). FACT-WRITING & PERSUASIVE LEGAL DOCUMENTS (ADVOCACY AND LEGAL SKILLS - 7080) 2 credits This course provides advanced instruction on how to deliver the client's story to a court in complaints, affidavits, and statements of the case. Students will learn narrative structure theory, and will work with case files and records to develop the storylines necessary to support legal claims and defenses. Grades will be based on classroom writing exercises, and first drafts and rewrites of three legal documents. FAMILY LAW PRACTICE (FAMILY LAW - 1010) 2 credits This course will examine practical aspects of matrimonial trial practice, pleadings, motion practice, examinations before trial, tax aspects and equitable distribution. Separation agreements, custody and adoptions will also be studied. Grades are based upon the papers submitted and the skills demonstrated. Prerequisite: FAMILY LAW

FAMILY VIOLENCE & SEXUAL ASSAULT (CRIMINAL LAW - 1030) 2 credits This course will survey the legal issues involved with domestic violence, child abuse and sexual assault cases. The course will focus on such issues as the battered women's syndrome, child abuse prosecutions, shaken baby syndrome, date rape and forcible rape. The course will be taught through lectures, videotapes, guest speakers and interactive mock trial of an actual child abuse rape case. Grades are based upon class participation, a mock-trial exercise and a final examination. Prerequisite: EVIDENCE FEDERAL CIVIL DISCOVERY SEMINAR (STATE AND FEDERAL PRACTICE - 3030) 2 credits This litigation-oriented seminar not only offers an overview of the structure and interplay of the federal rules governing pre-trial discovery, but also provides an opportunity for in-depth analysis of challenging issues relating to the discovery process. Such issues will involve, for example, the appropriate balance between an individual's privacy interests and the need for fair disclosure, the recent explosion of electronic discovery, with its cost and other ramifications, the scope of the many federal privileges that may be asserted as bases for withholding discovery, the parameters of expert discovery, special problems in third-party and foreign discovery, and the role of the Court in overseeing the discovery process. This seminar is a reading and discussion-based course, taught primarily from recent judicial decisions, and is intended to complement the Pre-Trial Advocacy elective. Grades will be based primarily on a mid-term paper, in the form of a written argument on a discovery dispute, and a final paper, in the form of a judicial opinion. Prerequisite or Corequisite: EVIDENCE FEDERAL COURTS (STATE AND FEDERAL PRACTICE - 1070) 3 credits This course focuses on the federal judicial system, concentrating on the bases, scope, and limitations of jurisdiction in the United States District Courts, the United States Courts of Appeal, and the United States Supreme Court. The course deals with the distribution of power among the federal courts and the other branches of the federal government and between the federal government and the states. The course will also examine the substantive law to be applied in federal courts and conflicts arising between state and federal courts. A portion of the course deals with some of the same concepts and topics dealt with in Civil Procedure, Constitutional Law and Conflicts of Law, but approaches them from the perspective of the federal judicial system. Grades are based upon a final examination. Prerequisite: CIVIL PROCEDURE FEDERAL PRACTICE (STATE AND FEDERAL PRACTICE - 1080)

St. Johns School of Law Student Handbook 2011-12 Page 70

3 credits This course differs in purpose and content from Federal Courts in that it concentrates on essentially nonjurisdictional, practical problems of litigation in federal courts. The course will provide in-depth coverage of federal discovery practice, including an analysis of individual discovery methods and their relative strengths and weaknesses as well as discovery privileges and sanctions for abuse and non-compliance. The course will also examine res judicata and collateral estoppel, sanctions, class actions, equitable provisional remedies, summary judgment, extraordinary writs, awards of attorneys' fees, the right to jury trial, multidistrict litigation and the Manual for Complex Litigation. Grades are based upon a final examination. Prerequisite: CIVIL PROCEDURE THE GLOBAL FINANCIAL CRISIS (BANKRUPTCY LAW - 5030) 2 credits Although the current economic crisis is global in scope, insolvency laws vary greatly from jurisdiction to jurisdiction. This course will explore the different legal approaches that various jurisdictions apply to insolvency issues. The course will explore both the insolvency systems that apply to consumers and those applicable to business entities. In addition to the comparative law approach, the course will also look at the insolvency of multi-national business enterprises and consider whether and to what extent the rules and proceedings in different jurisdictions can be harmonized in cases of entities with operations in multiple nations. Grades will be based on a final examination. Open to J.D. students. GLOBAL PHILANTHROPY & U.S. AID (INTERNATIONAL AND COMPARATIVE LAW - 3020) 3 credits Treaties, U.S. and foreign laws, policies, politics, and cultural issues drive the U.S. government's international assistance programs, as well as the agendas and decisions of U.S.-based private foundations and public charities, including international nongovernmental organizations, involved in global philanthropy and assistance for underdeveloped countries and their people. Understanding relevant laws and regulations, appreciating politics and pertinent cultural issues, grasping policy implications for both the U.S. and foreign countries is key to the development of the assistance projects of our government and nonprofit sector. This course will offer students insights into, and permit them to explore, important aspects of these foundational tools and systems. Grades will be based on a final paper. GLOBALIZATION OF THE LEGAL PROFESSION (LEGAL ETHICS - 1020) 2 credits During the course of the past twenty years, the practice of law has changed in response to (1) the globalization of the economy, the media and modes of transportation and (2)

the collapse of the former Soviet Union. These changes have impacted law firms and businesses of all sizes. This seminar will examine how U.S. and foreign law firms, legal educators and regulators have responded to globalization and how globalization is expected to reshape the legal profession in the years to come. Attention will be paid to the public policies that shape different regimes' codes of conduct, disciplinary regimes and substantive understandings of confidentiality and conflicts of interest. Grades will be based on a final exam when the course is offered overseas and on a research paper when offered in the U.S. HEALTH LAW (HEALTH LAW - 1000) 2 credits This course will examine the legal structure of health care delivery in the United States and how it affects the issue of access to quality health care. The course will be divided into two components: 1) introduction to the basics of health care delivery and financing, and 2) the legal ethics of rationing access. Because the course will focus upon the legal issues connected to constraints on access to health care, in addition to serving as an introduction to Health Law, the course will also address the current legal debates concerning the demands on health care of the elderly. Grades are based upon a research paper. HUMAN RIGHTS IN EUROPE (INTERNATIONAL AND COMPARATIVE LAW - 3080) 2 credits This course is a survey of the European human rights system. It will examine rights created under the European Convention of Human Rights (ECHR) and the laws of the European Union. Following a brief introduction to the international human rights system, the course will focus on enforcement of the ECHR and European law through the European Court of Human Rights and the European Court of Justice and will review case law in areas of civil, political, and economic rights. European jurisprudential trends will be examined, with particular attention to recent cases concerning human rights challenges to UN Security Council actions, extraterritorial application of the ECHR to military activities in Afghanistan, and the doctrine of "margin of appreciation." This course may be offered in either New York or Europe. When offered in New York, grades will be based on a research paper and class participation. When offered in one of St. John's European Summer Abroad Program, grades will be based on a final examination and class participation. IMMIGRATION LAW (INDIVIDUAL RIGHTS - 1030) 2 credits This course deals in general with the legal and administrative problems encountered by aliens who have emigrated lawfully and unlawfully to the United States. The course is significantly topical in light of the rapidly

St. Johns School of Law Student Handbook 2011-12 Page 71

increasing number of unauthorized aliens present in the United States. Basic to the course is a study of federal administrative law as it relates to the problems of the immigrant, but issues of constitutional law, criminal law, domestic relations and commercial law are also treated insofar as they pertain to immigration and nationality law. Grades are based upon a final examination and class participation. IMMIGRATION LAW SEMINAR (INDIVIDUAL RIGHTS - 1070) 2 credits This is an advanced course, designed to provide students with an in-depth understanding of immigration practicerelated issues and policies. The course will combine blackletter statutory and regulatory law with mastery of constitutional law as it relates to immigration and basic administrative law principles. Using case law and practical exercises (e.g., a client letter discussing various immigration options, role play of client interviews), students will become familiar with the processes of family-based and employment-based immigration; removal proceedings; asylum and refugee law; and citizenship, including naturalization and de-naturalization. The course will review proceedings in the Immigration and Naturalization Service, practice before an immigration judge, appellate practice before the Board of Immigration Appeals and judicial practice. A visit to the Executive Office for Immigration Review, a detention center or removal court will be required. Students will also be required to submit a minimum of ten and a maximum of twelve written assignments: problems, client letters or weekly reaction papers. Grades are based upon assignments, class participation and a final examination. Prerequisite or Corequisite: IMMIGRATION LAW INSURANCE LAW (BUSINESS AND FINANCE LAW - 2030) 2 credits The purpose of this course is to familiarize the student with the fundamental legal principles of life, property, accident and health, and liability insurance. Special attention is given to sections of the New York Insurance Law relating to standard policy clauses and forms. The selected cases afford a complete common-law coverage and such basic insurance concepts as insurable interest, warranty, waiver, estoppel, notice and proof of loss and the scope and effect of the insurance contract. Grades are based upon a final examination. INTERNATIONAL & COMPARATIVE SPORTS LAW (INTERNATIONAL AND COMPARATIVE LAW - 3040) 2 credits This course explores contemporary legal issues in intercollegiate, professional and Olympic sports from an international and comparative perspective. It examines antitrust, contract, the regulation of private associations, intellectual property, and labor law issues. A portion of the

course will be devoted to the regulation of agents and the representation of professional athletes. Grades are based on a final examination. Students who take this course are not permitted to take Sports Law. INTERNATIONAL ART & CULTURAL HERITAGE LAW (INTERNATIONAL AND COMPARATIVE LAW - 2060) 2 credits International Art and Cultural Heritage Law provides students with knowledge about the field of international art and cultural heritage law. While focusing on the practical and legal aspects of the international art world, the student will also be introduced to public international law and private international law, including fundamentals of international business transactions, admiralty law and intellectual property law particularly copyright. Grades will be based on class participation and a final. INTERNATIONAL BANKING (BUSINESS AND FINANCE LAW - 3090) 2 credits The course will explore the structure of and policy bases for divergent views regarding government regulation of banking institutions in Europe, with a focus on the European Union, and the United States. It also explores the nature of United States regulation of U.S. banks operating abroad and foreign banks operating in the United States. The course will examine the following topics (among others): (a) bank versus non-bank powers of financial institutions, comparing the U.S. holding company model with the European departmental and universal banking model, (b) operations across boundaries, comparing the U.S. model of state branching which is now evolving into nationwide branching with the EU model of nationwide branching which is now evolving into cross-national branching, (c) the government safety net, comparing the U.S. deposit insurance system with the deposit insurance system preceding the European Deposit Guarantee Directive and that following the Directive, (d) government supervision, comparing dual regulation (state - federal) in the United States with central regulation in most European nations, (e) international investments and activities, focusing on U.S. and foreign regulations governing operations of U.S. banks abroad, e.g. the European Union, and foreign banks in the United States, (f) the trend toward internationalization of regulatory requirements, e.g. risk based capital standards, lender of last resort responsibility, and universal banking, and (g) current issues in international banking, such as bank secrecy laws and the U.S. Patriot Act. Grades are based upon a final examination. INTERNATIONAL BUSINESS TRANSACTIONS (INTERNATIONAL AND COMPARATIVE LAW - 1020) 3 credits This course is designed to introduce the student to some of the major legal issues that arise in doing business across national boundaries. Among the topics to be considered are the international sale of goods and services, foreign

St. Johns School of Law Student Handbook 2011-12 Page 72

investment, technology transfer, national, regional and international regulation of international trade, extraterritoriality, the European Union, and doing business in developing countries. Grades are based upon a final examination and class participation. INTERNATIONAL CIVIL LITIGATION (INTERNATIONAL AND COMPARATIVE LAW - 2080) 2 credits This course will explore selected procedural issues affecting foreign litigants in the United States, U.S. citizens litigating in foreign jurisdictions, and special problems which arise in multiparty complex litigation. There will be an emphasis on comparative law analysis, and course materials will include relevant U.S. and foreign statutes, treaties and conventions. The topics which will be examined include jurisdictional issues involving foreign nationals, service of process abroad, discovery abroad, recognition and enforcement of foreign judgments in the United States, and of United States judgments abroad, and different approaches to multi-party and representative litigation. In addition, comparative approaches to payment of litigation costs and attorneys' fees and court-annexed dispute resolution will also be considered. Prerequisite: CIVIL PROCEDURE INTERNATIONAL COMMERCIAL ARBITRATION (ADVOCACY AND LEGAL SKILLS - 6070) 2 credits Arbitration is an increasingly important component of international commerce. This course will cover several aspects of international commercial arbitration, including the advantages and disadvantages of arbitration; the question of arbitrability; the appointment of arbitrators and the potential for conflicts of interest; the choice of law to govern the arbitration; the presentation of the case; and the enforcement of arbitral awards. Throughout, we will assess whether we are witnessing the emergence of a new, stateless regime for the resolution of international commercial disputes. Grades are based upon a final examination. INTERNATIONAL CRIMINAL LAW (INTERNATIONAL AND COMPARATIVE LAW - 2030) 2 credits This course covers jurisdiction in international law, extradition and its legal and constitutional bases, the nature of international crimes in customary international law, including genocide, war crimes, crimes against humanity and torture. This course will also consider the proposed international Criminal Court and the Rome Statute of 1998. Grades are based upon a research paper. INTERNATIONAL ENVIRONMENTAL LAW (ENVIRONMENTAL LAW - 1030) 2 credits This course surveys the leading legal instruments and approaches to dealing with regional and global environmental problems. It will address transboundary air

and water pollution, mass catastrophes, protection and allocation of freshwater supplies, stewardship of ocean resources such as fisheries, protection of the atmosphere (including the ozone layer and climate change), transport and trade in hazardous chemicals and waste, and biodiversity. The course will explore the environmental side of new approaches to economic regulation, including the world trade regime, and emerging ideas about sustainable development. Grades are based upon a final examination. INTERNATIONAL HUMAN RIGHTS LAW (INTERNATIONAL AND COMPARATIVE LAW - 2010) 3 credits This course represents a survey of international human rights law and teaches how international organizations, regional organizations, states and non-state actors define and enforce human rights. Beginning with the historical origins of human rights, the course will examine the international and regional human rights instruments and institutions that form the sources of human rights law (the UN system, including the Charter and treaties, European, African and Inter-American human rights regimes, and customary international law). It will also examine the role of non-governmental organizations, international criminal tribunals (including the International Criminal Court) and international humanitarian law (the law of war), and the interaction between U.S. law and international human rights. Throughout the course, students will be introduced to important critical themes of human rights, including: the distinction between public and private acts, evolving theories of statehood, sovereign immunity, and cultural relativism and the western tradition of individual rights. Issues examined may include: political participation and democratization, religious freedom, the use of torture, corporate liability, women's rights, children's rights, the rights and status of refugees, economic and social rights, genocide and war crimes. The grade will be based upon either a final exam or a research paper, as determined by the professor. The determination will be communicated to the students in the registration materials. INTERNATIONAL HUMAN RIGHTS LAWEUROPEAN PROGRAM (INTERNATIONAL AND COMPARATIVE LAW - 3050) 2 credits International Human Rights Law will start with an historical introduction to the field, first looking at the pre-WWII status of human rights (including not only civil and political rights, but also social, cultural and economic rights as well as solidarity or communitarian rights) in the context of traditional international law and then focusing on postWWII developments. Next, the course will look at sources of international human rights law and procedures available to enforce and ensure enforcement of human rights violations, including regional arrangements, U.N. procedures and the role of fact-finding, and the role of Non- Governmental Organizations. The class also will study the role of international human rights law in U.S. domestic

St. Johns School of Law Student Handbook 2011-12 Page 73

law. In addition, the following topics will be covered: the role of international tribunals; humanitarian law and its relationship to human rights; the nature of rights as universal or relative to culture; self-determination; rights of indigenous peoples; women, racial/ethnic and cultural minorities; right to development; and the obligations of states as protectors and enforcers of human rights. Grades are based on a final exam. Students who take this course are not permitted to take International Human Rights Law (3 credits). INTERNATIONAL LAW ADVANCED PRACTICE WRITING TUTORIAL 3 Credits This writing course, designed to fulfill the JD programs APWR, is taken by students participating in an international practicum. Students may submit to their on-site Adjunct Professor inter alia memoranda of law, client letters, aidemmoires, formal meeting minutes, foreign law summaries, treaty commentaries, case analyses, reports of investigation, trip reports, staff summaries, background papers, or regulatory drafts. The student will, at the completion of this course, have a comprehensive portfolio of professional writing relevant to the work undertaken throughout their international practicum. This course is graded based upon the quality of submitted written work. Co-requisites: INTERNATIONAL LAW PRACTICUM and INTERNATIONAL LAW DIRECTED RESEARCH. INTERNATIONAL LAW DIRECTED RESEARCH 3 Credits This writing course, designed to fulfill the JD programs ASWR, is taken by students participating in an international practicum. The student, the on-site Adjunct Professor, and a St Johns Professor Liaison will, within 30 days of commencing the practicum, decide upon a research topic both of interest to the student and of value to the host organization. The research may be undertaken in conjunction with the students assigned practicum duties, but the resulting research paper must meet all ASWR requirements and will be evaluated at all stages by the St. Johns Professor Liaison. Co-requisites: INTERNATIONAL LAW PRACTICUM and INTERNATIONAL LAW ADVANCEDPRACTICE WRITING TUTORIAL. INTERNATIONAL LAW PRACTICUM NATO 6 Credits This unique practicum provides carefully selected secondand third-year students (and evening students who have completed at least three semesters) the opportunity to gain practice experience in public international law and national security law through work and study at the North Atlantic Treaty Organizations Office of Legal Education in Mons, Belgium. This five month, full time, in-residence practicum exposes students to the daily practice of public international law, including international agreements; international, regional, and national law; the function of

staff legal counsel; legal support to defense forces; comparative law challenges; legal education programs; international criminal tribunals; and organizational policies, standards, and procedures. Students will have the opportunity to work closely with experienced public international law practitioners through day-to-day contact, informal mentoring, and regular tutorial sessions allowing students an opportunity for guided reflection on their work and research with experienced practitioners. This course is pass/fail. Because this course is limited to one student each in the fall and spring semesters, permission to enroll in this course will be by application and competitive selection. Prerequisites: INTERNATIONAL LAW or NATIONAL SECURITY AND THE LAW. Co-requisites: INTERNATIONAL LAW ADVANCED PRACTICE WRITING TUTORIAL and INTERNATIONAL LAW DIRECTED RESEARCH. INTERNATIONAL LEGAL RESEARCH (ADVOCACY AND LEGAL SKILLS - 8050) 1 credit This course teaches the tools and resources of international legal research, with a particular emphasis on public international law. In addition, students will learn some techniques of comparative legal research and will closely examine certain primary sources of international law such as various treaties, including the United Nations Charter, and the Statute of the International Court of Justice. Although there is no required pre- or co-requisite, students are strongly encouraged to have already taken or to be concurrently enrolled in one of the following classes: International Law, International Business Transactions, International Banking, International Civil Litigation, International Commercial Arbitration, International Criminal Law, International Environmental Law, International Human Rights, International Sales Law and Arbitration, International Trade Law, Comparative Election Law, Counseling in the Global Community, Global Philanthropy and U.S. Aid, Globalization of the Legal Profession, Law and Religion Seminar: Comparative and International Perspectives, Law of the European Union, Transactions in Emerging Markets, or another similar class focused on international legal issues. Grades will be based on assigned exercises. INTERNATIONAL LITIGATION & DISPUTE RESOLUTION (INTERNATIONAL AND COMPARATIVE LAW - 2020) 3 credits This course will explore selected procedural issues affecting foreign litigants in the United States, U.S. citizens litigating in foreign jurisdictions, and special problems which arise in multi-party complex litigation. There will be an emphasis on comparative law analysis, and course materials will include relevant U.S. and foreign statutes, treaties and conventions. The topics which will be examined include jurisdictional issues involving foreign nationals, service of process abroad, discovery abroad, recognition and enforcement of foreign judgments in the United States, and of United States judgments abroad, and different

St. Johns School of Law Student Handbook 2011-12 Page 74

approaches to multi-party and representative litigation. In addition, comparative approaches to payment of litigation costs and attorneys' fees and court-annexed dispute resolution will also be considered. Grades are based upon a final examination. N.B. Students who take this course are not permitted to take the two-credit International Litigation Seminar. Prerequisite: CIVIL PROCEDURE INTERNATIONAL LITIGATION SEMINAR (INTERNATIONAL AND COMPARATIVE LAW - 1030) 2 credits This course provides students with an opportunity to work on selected issues in international litigation and arbitration. Among the topics that may be examined are: extraterritorial jurisdiction, the Act of State doctrine, foreign sovereign immunity, and recognition of foreign country judgments in the U.S. and abroad. Students are required to brief and argue a moot court case. Grades are based upon the moot court exercise and class participation. N.B. Students who take this course are not permitted to take the three-credit International Litigation: Procedural Issues. INTERNATIONAL SALES LAW & ARBITRATION (ADVOCACY AND LEGAL SKILLS - 8010) 2 credits This course provides an overview of the law governing international sales of goods and international commercial arbitration, focusing primarily on the U.N. Convention on the International Sale of Goods, the UNCITRAL Model Law on International Commercial Arbitration, and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The first half of the course will provide an overview of these two doctrinal areas. In the second half of the course, students will apply these legal doctrines to the subject matter of the problem to be argued in the Annual Willem C. Vis Int'l Commercial Arbitration Moot. Working in teams, students research and analyze the problem, draft a brief in support of one of the parties, and participate in oral arguments before a mock arbitration panel. A team of students from the class will be selected to represent St. John's in the Vis Moot competition in Vienna during the following spring semester. Grades are based on classroom participation, written assignments, demonstration of the skills taught, and the preparation of the written brief. Any student interested in representing St. John's in the annual Vis Moot competition must take this course during the fall of the year in which he or she wishes to try out for the team. INTERNATIONAL TRADE LAW & ECONOMIC DEVELOPMENT (INTERNATIONAL AND COMPARATIVE LAW - 2070) 2 credits In the increasingly globalizing world today, international trade affects economic activities of everyone. Lawyers in the 21st century, particularly those who seek to advise business clients, need to acquire adequate knowledge of the rules that govern international trade. The course offers

instruction on core principles of the legal framework for international trade under current WTO regime. In addition, this course brings attention to the ever-widening gap between developed and developing countries around the world in international trade and economic development. This course provides a broad discussion of the implication of the current regulatory framework for international trade law on the economic development of developing countries and examines the need for changes with the international trading system. Grades are based upon class participation and attendance (30%) and a presentation and paper (70%). INTERNET LAW (INTELLECTUAL PROPERTY - 1090) 2 credits This course will study the emerging law and policy of the Internet through topics including intellectual property, ecommerce, online speech and defamation, and privacy. The class will build upon current cases such as Napster and the Microsoft antitrust trial and will examine the relations of these online controversies to "off-line" law. No technical experience is required. Grades are based upon a research paper and class participation, including some online assignments. INTERVIEWING AND COUNSELING (ADVOCACY AND LEGAL SKILLS - 7020) 2 credits This course offers students an opportunity to develop skills in interviewing and counseling, including gathering information, ascertaining the client's interests, developing specific goals and strategies, and ethical considerations a lawyer is required to consider. Classroom work will involve the exploration of techniques of interviewing and counseling, focusing on the unique relationship of lawyer and client. Students will develop the skills studied by participating in simulated exercises that involve realistic situations raising common legal and ethical issues. Grades are based on classroom participation, demonstration of the skills taught, and the submission of written work. INTRODUCTION TO BANKRUPTCY PRACTICE: CASE ANALYSIS (BANKRUPTCY LAW - 5010) 2 credits This course, open to second-year day or third-year evening staff members of the ABI Law Review, simulates the working environment of a law firm bankruptcy practice group. Students assume the role of entry-level associates who conduct time-sensitive research and writing assignments on cutting-edge bankruptcy issues. After completing a series of preliminary research and writing assignments under the supervision of the instructor, who will provide feedback and suggestions for revision, students will submit a professional-quality work product to an electronic forum. Each student will monitor the discussion of his or her posting, and update it as necessary. Drawing on the insights offered by bankruptcy practitioners through

St. Johns School of Law Student Handbook 2011-12 Page 75

discussion on the forum, students will thoroughly research the subject of their assigned issue and prepare a first and final draft of a comprehensive office memorandum. The memorandum will be reviewed by both ABI Law Review student editors and the instructor. Their feedback will guide students through the revision process. Evaluation will be based on the quality of the research and writing, as well as participation in writing workshops conducted during the semester. Students using this course to satisfy the Advanced Practice Writing Requirement may not use a paper on the same subject to satisfy the Advanced Scholarly Writing Requirement. INTRODUCTION TO INTELLECTUAL PROPERTY (INTELLECTUAL PROPERTY - 2010) 2 credits Open only to students who have not yet taken Copyright Law, Trademarks and Copyrights Survey, Trademarks and Unfair Competition or Patent Law. This is a survey course in intellectual property law. Students will learn the basic doctrines of the three major federal regimes of intellectual property (copyright, trademarks, and patents), as well as their historical and theoretical foundations. The course is a prerequisite to further study in intellectual property. Grades will be based on a final examination. ISSUES OF RACE & GENDER IN LAW (INDIVIDUAL RIGHTS - 1050) 2 credits This course will review Feminist Legal Theory, and Critical Race Theory and their development using recent legal, social and political commentary and case law. Topics studied will include feminist and critical race method, equality, privacy, gender/race-based discrimination, the intersections of race/gender/ethnicity, sexual harassment, hate speech, and pornography. Grades are based upon a research paper. JEWISH LAW (INTERNATIONAL AND COMPARATIVE LAW - 1080) 2 credits This course provides a forum for students to explore the history, literature and process of Jewish Law. No knowledge of Hebrew or prior study of Jewish Law is required for the course. Following introductory classes on the sources and structure of Jewish Law, the course will examine the dynamics of the legal system by looking at such areas as: Biblical interpretation in civil and ritual law; capital punishment; self-incrimination; the duty of confidentiality; abortion; the interaction of Jewish Law with other legal systems; and the application of Jewish Law in the Israeli legal system. There will be an emphasis on comparative analysis, and course materials will include discussion of Jewish Law in contemporary American legal scholarship. Grades are based upon a research paper, a draft of which each student will present to the class toward the end of the semester.

JURISPRUDENCE (THEORY, HISTORY & STRUCTURE OF LAW - 1010) 2 credits This course inquires into the fundamental notions of law, equity, and justice, and examines their contemporary applications. The classic schools of jurisprudence are the major foci of the course, including natural law, historicism, positivism, and realism. Grades are based upon a final examination. JUVENILE JUSTICE (CRIMINAL LAW - 1020) 2 credits The course explores a wide-range of juvenile justice issues, covering the history of the juvenile court; the due process "revolution" of the 1960's; disparate treatment of children and adults involved in the legal system; and issues in a juvenile delinquency case from intake to disposition. In addressing these topics, principles of adolescent development and youths' special needs as well as disproportionate minority contact with the juvenile system will be examined. The course will also contemplate sociological and psychological theories and recent developments in adolescent brain development. Throughout the course, we will regularly visit the original ideology of the juvenile court and question its rehabilitative ideal. Grades are based upon a research paper and a final examination. Prerequisite: FAMILY LAW LABOR & EMPLOYMENT ARBITRATION (LABOR AND EMPLOYMENT LAW - 1050) 2 credits This course focuses primarily on labor arbitration under collective bargaining agreements, but will also cover arbitration in non-unionized employment settings and arbitration as an alternative to employment discrimination litigation. The course will be roughly divided into three main segments: the legal framework for labor arbitration (and other forms of employment-related arbitration), the procedural and substantive issues in labor arbitration, and the development of effective arbitration advocacy skills. Students will be expected to complete a number of written assignments throughout the semester, including written analysis of diverse grievance provisions and arbitration clauses, and the writing of an arbitration opinion and award. In addition, the students will be expected to prepare, research and participate in a mock arbitration, possibly before outside arbitrators. The professor plans to divide the class into teams with each team having no more than three members. Depending upon the number of students in the class, there may be more than one mock arbitration. Each student will be required to write a final brief. Grades are based upon the interim written assignments, class participation, including performance in a mock arbitration, and the final brief. Prerequisite: LABOR LAW OR EMPLOYMENT LAW OR EMPLOYMENT DISCRIMINATION

St. Johns School of Law Student Handbook 2011-12 Page 76

LABOR LAW (LABOR AND EMPLOYMENT LAW - 1040) 3 credits The National Labor Relations Act is emphasized throughout the course. Consideration is given to day-to-day issues in labor-management relations. Union representation, unfair labor practice proceedings, collective bargaining, grievance negotiations and labor arbitration are studied in depth. Grades are based upon a final examination. LABOR LAW - ADVANCED (LABOR AND EMPLOYMENT LAW - 1030) 2 credits This course will examine more sophisticated material not covered in the basic labor law course, including secondary boycotts, union-community coalitions, federalism and the labor preemption doctrine, and internal union governance. The study of international and comparative labor law developments will be supplemented by public policy considerations of social justice. Grades are based upon the individual student's choice of either a single research paper or a series of shorter memos on specific issues. Prerequisite: LABOR LAW LAND USE PLANNING (PROPERTY - 1010) 3 credits This course provides an analysis of the legal and administrative aspects of land use control, and of the problems and techniques of urban planning. The course includes a study of building codes, zoning, subdivision, public acquisition of land tax controls and urban redevelopment. Grades are based upon a research paper of law review quality on a topic approved by the faculty member conducting the seminar. LATINOS/AS AND THE LAW (INDIVIDUAL RIGHTS - 2050) 2 credits This course will explore legal issues of particular relevance to Latino/as in the United States through an examination of case law and applicable constitutional and statutory frameworks. The goal of the course is to engage students in a critical analysis of the legal framework and social and political landscape that underpin the Latino/a experience in the United States. In particular, the course will dissect major court decisions and statutory law on the topics of education, language rights, and immigration. Grades will be cumulatively determined based upon class participation, three short response papers and a research paper. LAW AND ANTHROPOLOGY: SELECT TOPICS (THEORY, HISTORY & STRUCTURE OF LAW - 1090) 2 credits The seminar for law students will provide an introduction and exploration of the field of legal anthropology. The seminar focuses on the relationship between culture and law. It will consider the different ways humans construct

and use law: for purposes of disputing, as a mechanism for centralizing power, as an idiom of social relations, as an expression of ideology. It will explore anthropological theories of the nature of law and disputes, and it will examine related legal structures in non-western societies and the particular characteristics of the American legal structure. Theoretical perspectives will include the thought of Weber, Gramsci, Foucault and Bourdieu. Anthropological and legal scholars will include Nader, Bisharat, Matteiu and Moore. The course is structured around the topic areas creating the central tensions in the field of study. The students will be required to consider the various theoretical and methodological perspectives that shape the academic inquiry. The students will be encouraged to explore a particular area of tension in the field on which they will write a term paper. The course materials and course progress is intended to develop student abilities to engage in independent research and writing. Grades are based upon a research paper and class participation. LAW AND ECONOMICS (THEORY, HISTORY & STRUCTURE OF LAW - 1050) 2 credits This course is designed to introduce the student to important economic concepts that have wide applicability to law, including efficiency, cost/benefit analysis, risk analysis and externalities. The course will focus on the application of these concepts to problems in property, torts, contracts, antitrust and class actions. Prior knowledge of economics is neither presumed nor a prerequisite. Grades are based upon a final examination. LAW AND INTERNATIONAL DEVELOPMENT-BNKRUPTCY & SECURITY (BANKRUPTCY LAW - 5000) 1 credit The use of secured transactions and bankruptcy laws to facilitate private transactions and transparent and efficient treatment of distressed or failed companies has long been understood as a cornerstone of domestic financial laws. The use of these types of laws in the global private (as opposed to public) context is less understood. This course will focus on the use of law and law reform to facilitate development; specifically, international and bi- lateral initiatives to measure the quality of laws and to provide assistance to countries in developing sound legal systems. The course will look at issues relating to access to credit for entrepreneurs, the relationship between legal system typologies and the availability of finance, the role of bankruptcy and insolvency laws in financial crises. The course will also examine the use, efficacy and political economy of other international and bi-lateral agencies. Prerequisite for J.D. students: At least one of the following: Creditors' Rights, Secured Transactions, International Law or International Business Transactions. LAW AND INTERPRETATION (THEORY, HISTORY & STRUCTURE OF LAW - 2000)

St. Johns School of Law Student Handbook 2011-12 Page 77

2 credits This course uses the freedom of the seminar format to explore judicial opinions that deal with highly contested, charged and complex legal issues. The focus is on the competing values--jurisprudential, social, political, economic, moral, religious, philosophical, personal-expressly or implicitly contained in a text. In the interpretation of opinions, students will explore the following questions, among others: What is the factual "picture"--the historical, the legal, the social context--of the case being decided?; what does the text "mean," in every sense that can be brought to it?; which values does the author of an opinion use to reach a decision?; does the student agree with the values used by the author, or how they are employed, to reach a decision, and if so, why?; if the student disagrees with the values used by the author, which values would the student use to reach a decision and why are the chosen values better than those used by the author? The final grade will be based on classroom participation and, primarily, on a paper. LAW AND LITERATURE (THEORY, HISTORY & STRUCTURE OF LAW - 1040) 2 credits Students in this course will read works of literature by such authors as Aeschylus, William Shakespeare, Toni Morrison, William Faulkner, Charlotte Bronte and Virginia Woolf to study various topics including the moral and ethical dimensions of law, law's connection to the fate of individuals, and the connections among law, authority and humanity, using principles of traditional, modern and postmodern literary criticism. Short weekly nongraded responses are required. Grades are based upon attendance, participation in class discussions, and either three short papers or one long research paper. LAW AND RELIGION SEMINAR (CONSTITUTIONAL LAW - 1070) 2 credits This seminar explores the interaction of law and religion in American society. It traces the history of American religious liberty and explores the continuing evolution of the Supreme Court's Establishment and Free Exercise Clause jurisprudence. Among the topics discussed are: state financial assistance to religion; restrictions on religious speech; religious displays on public property; religion in the public schools; the autonomy of religious communities; and state accommodation of religious practices. Grades l shall be based on a substantial research paper, an in-class presentation, and class participation. Students who take this course may not also take Law and Religion Seminar: Comparative and International Perspectives (Constitutional Law - 1090). Prerequisite: CONSTITUTIONAL LAW LAW AND RELIGION SEMINAR: INTERNATIONAL AND COMPARATIVE PERSPECTIVES (CONSTITUTIONAL LAW - 1090) 3 credits

This seminar will explore the ways in which different legal systems, including the international human rights regime, accommodate the sometimes competing demands of law and religion. After an introduction to the theoretical underpinnings and history of the subject, the course will address two main areas: free exercise of religion (e.g., religious exemptions, proselytism, and religious discrimination) and the separation of state and religion (e.g., religious establishments, the autonomy of religious associations, and public funding). Throughout, we will compare how Western and non-Western countries address these questions and consider the effect of international human- rights norms. Grades will be based on a substantial research paper, an in-class presentation, and class participation. Students who take this course may not also take Law and Religion Seminar (Constitutional Law - 1070). Prerequisite: CONSTITUTIONAL LAW LAW OF THE EUROPEAN UNION (INTERNATONAL AND COMPARATIVE LAW - 1090) 3 credits This course provides an introduction to the law and institutions of the European Union. Emphasis is placed on understanding the process of European Union Law in its political and cultural context and aspects of public and private law, as well as addressing the major legal issues which European Law presents to the United States lawyer. The course will consider the following topics: European Union institutional structure and legal system, sources of European Union law, the treaty system as European constitution, role of the European Court of Justice, separation of powers, relationship between European Union and national legal orders, individuals' rights, free movement of goods, persons, services and capital, economic and monetary union, agricultural policy and its reform, competition law, labor law and social policy, environmental law, sex equality law, company law, and European Union international trade relations. Grades are based upon a final examination. N.B.: Students who take this course are not permitted to take the two-credit Law of the European Union Seminar course. LAW OF THE EUROPEAN UNION SEMINAR (INTERNATIONAL AND COMPARATIVE LAW - 3010) 2 credits This course provides an introduction to the law and institutions of the European Union. The course will consider the following topics: European Union institutional structure and legal system, sources of European Union law, the treaty system as a European constitution, role of the European Court of Justice, and the policies of the EU. Grades are based upon class participation and a final examination. N.B.: Students who take this course are not permitted to take the three-credit Law of the European Union course. LAW THROUGH FILM (THEORY, HISTORY & STRUCTURE OF LAW - 1070) 2 credits

St. Johns School of Law Student Handbook 2011-12 Page 78

Film has the power to stimulate debate. This seminar affords an opportunity to explore jurisprudential issues and value systems through a critical examination of the narrative, historical context, and cinematic technique of films. Thus, this seminar explicitly challenges settled assumptions about law and justice. The films and accompanying reading assignments concentrate on three over- lapping themes: defining community, apportioning fault, and distributing justice. In particular, the course highlights the lawyer's role as an "insider" with respect to these concerns, and evaluates the benefits and obligations conferred by that status. Because of the need for in-class screenings, each class period will be 3-1/2 hours. Grades are based on two short papers, a research paper, presentation of the paper, and participation in class discussion. LEGAL HISTORY SEMINAR (THEORY, HISTORY & STRUCTURE OF LAW - 1020) 2 credits This 2-credit course is offered in topic-specific formats covering important eras, developments and figures in U.S. and international legal history. Each specific course is offered with a fuller title (Legal History Seminar: ______ [specific topic]) and described in detail in the registration materials for the semester in which the course is offered. Grades are based on class participation, regular writings and a final examination. In addition to the 2-credit course, students have the option to write in the next semester, subject to the professor's permission, a 1-credit research paper on a topic growing out of this course. The paper will be graded separately. Prerequisite: CONSTITUTIONAL LAW LEGAL HISTORY SEMINAR: RESEARCH PAPER (THEORY, HISTORY & STRUCTURE OF LAW - 2020) 1 credit Prerequisite - Legal History Seminar. Students who have completed Legal History may, with the professor's permission, write in the next semester a 1-credit research paper on a topic growing out of a topic in the initial course. Prerequisite: LEGAL HISTORY SEMINAR LEGAL MEDICINE (HEALTH LAW - 1020) 2 credits This course includes a survey of the more common types of medical problems likely to be encountered in the practice of law. The role of expert medical testimony is considered in relation to tort cases, will contests, and criminal proceedings. The growing fields of workers compensation, disability benefits and industrial medicine are also discussed. Grades are based upon a final examination. LEGAL RESEARCH - ADVANCED (ADVOCACY AND LEGAL SKILLS - 1040) 2 credits In first-year Legal Research and Writing, students were introduced to core research materials such as digests, reporters, annotated codes, Shepard's, and various sources

of secondary authority. In this course, students will learn how to use these materials more efficiently to research complex legal questions, and be introduced to sophisticated research materials such as loose-leaf services, federal and state administrative materials, specialized reporters, practice and procedure materials, legislative histories, and materials unique to particular practice areas such as tax, securities, banking and international law. At least one unit will be devoted to non-legal research and one to special New York materials. An emphasis will be placed on improving students' Westlaw and Lexis skills, integrating manual with on-line research, and comparing the effectiveness of manual and on-line research in various contexts. Grades are based upon periodic assignments and a research paper. N.B. Students who take this course are not permitted to take Advanced Legal Research and Writing. LEGAL WRITING - ADVANCED (ADVOCACY AND LEGAL SKILLS - 4090) 2 credits This course is intended to develop students' ability to write clear, concise, well organized legal prose, to closely read and cull relevant information from source materials (such as case files), and to evaluate and edit their own and others' writing. In addition to required readings, there are numerous writing assignments: weekly ones of about two pages, plus a midterm of about six pages and final of about twelve. Weekly assignments cover a variety of legal documents, including pleadings, contract provisions, office memoranda, briefs, and law review articles. Typically, both the midterm and final assignments are memos from an associate to a partner assessing the strengths and weaknesses of a case based on a review of the file in a civil or criminal matter. The final grade is based on class participation, the written weekly assignments, the midterm assignment, and the final assignment. Graded assignments are judged by various criteria, including clarity of thought, word usage, sentence structure, organization, conciseness, spelling, punctuation and style. LEGISLATION (ADMINISTRATIVE LAW & GOVERNMENT REGULATION 1060) 3 credits This course explores the legislative process, including problems of representation and deliberation, and the proper separation-of-powers role of the judiciary in interpreting statutes enacted through that process. Topics covered will include: political theories or representation and their implications for one-person-one-vote; racial and political gerrymandering; eligibility to serve in the legislature; term limits; ballot access provisions; campaign finance reforms; bribery and conflicts of interest; lobbying regulations; state and federal item vetoes; the federal budget process; the Unfunded Mandates Reform Act; direct democracy; statutory precedents and retroactivity; theories of statutory interpretation; advanced doctrine and

St. Johns School of Law Student Handbook 2011-12 Page 79

substantive canons of statutory interpretation; interpretation of agency regulations. Grades will be based on class participation and a final examination. LEGISLATIVE ADVOCACY (ADVOCACY AND LEGAL SKILLS - 2020) 2 credits The focus of this course is on the legislative process as a vehicle to address public needs. A significant current problem is assigned for the formulation of state or federal legislative proposals. Students research and analyze the scope and nature of the problem, the current legislative response, as well as common law protections, and the deficiencies in existing law. Students then draft a bill eliminating some of the deficiencies in existing law. A legislative memorandum is prepared by each student. This will be prepared in segments over the course of the semester. The legislative memorandum which is being prepared by each student will be similar in length to a research paper. Grades are based upon students' drafts of segments of the legislative memorandum and the final, revised legislative memorandum. LOCAL GOVERNMENT LAW (ADMINISTRATIVE LAW & GOVERNMENT REGULATION 1030) 2 credits This course represents a comprehensive study of the organization, structure, and functions of local units of government. The course covers state-local and federal-city relations; municipal financing; the municipal decisionmaking process and the related roles of the people, neighborhoods, officials, and courts; home rule, the scope and limits of municipal services and powers; the status and accountability of officers and employees; the use and ownership of public property; tort liability; and land-use regulation. Grades are based upon a research paper. Prerequisite: CONSTITUTIONAL LAW MASS MEDIA LAW SEMINAR (CONSTITUTIONAL LAW - 1060) 2 credits This seminar surveys the principles, laws and regulatory policies that shape the American mass media. With a focus on the ubiquitous role of the First Amendment, the course will consider a range of regulatory problems where mass media freedom of expression is concerned. Among these issues are defamation, national security, hate speech, incitement, privacy, prior restraints, commercial speech, election speech, obscenity, indecency, newsgathering, reporter's privilege, access, and the particular qualities of broadcasters and the Internet. Grades are based upon a research paper. Prerequisite: CONSTITUTIONAL LAW MASS TORT BANKRUPTCY (BANKRUPTCY LAW - 2050) 1 credit

This course will examine the complex nature of bankruptcies involving massive numbers of lawsuits arising primarily from product liability. Students will be exposed to the considerations needed for the protection of the various parties in interest, i.e., plaintiffs, the extent of whose injuries are known or not yet fully determined; potential plaintiffs who have not yet suffered injury; and the stockholders and creditors of the debtor. The sufficiency of funds established to meet obligations and channeling injunctions will be considered. Prerequisite for J.D. students: Creditors' Rights. MEDIATION: REPRESENTING CLIENTS (ADVOCACY AND LEGAL SKILLS - 6060) 2 credits This intensive, interactive course first introduces students to an overview of mediation theories and practices, and then develops a coherent approach and the essential skills for effective client representation in mediation. The course will examine attorney responsibilities in advising clients about dispute resolution options, in preparing both the case and the client for mediation, in representing clients in the mediation session itself, and in drafting ADR clauses. The course will culminate in the students participating in a mock mediation. Students' final grade will be based on their demonstrated mastery of course material, judged by both required written submissions, quality of mediation representation skills demonstrated in the final mock mediation, and quality of seminar participation. Students are encouraged to take Alternative Dispute Resolution either prior to or concurrently with this course. MEDIATION SKILLS: DIVORCE (ADVOCACY AND LEGAL SKILLS - 9040) 3 credits Mediation is becoming a preferred forum to address legal conflicts and settle cases. The highly interactive course offers distinctive and innovative training on the transformative approach to mediation, one of the four leading mediation ideologies. Students will gain an understanding of the theory and basic skills necessary for the practice of transformative mediation. Students will then learn the application of transformative mediation skills in divorce cases, and how transformative mediators navigate the specific practice challenges inherent in the divorce context. Although the course focus is on learning mediation skills, students will also be educated about attorney advocacy skills in mediation. Grades will be based on a written final examination and class participation. MENTAL HEALTH LAW SEMINAR (HEALTH LAW - 1030) 2 credits Mental Health Law is one of the fastest growing areas of the law, drawing upon social science teachings, scientific data and new jurisprudential outlooks. This course will cover topics relating to both the civil and constitutional rights of persons within the civil commitment process,

St. Johns School of Law Student Handbook 2011-12 Page 80

sexual predator statutes, competency to stand trial, insanity defense, and the death penalty and mental disability. Grades are based upon a research paper. MERGERS AND ACQUISITIONS (BUSINESS AND FINANCE LAW - 3080) 2 credits This course examines mergers and acquisitions from both a practical and theoretical perspective. It focuses on principal acquisition methods, transaction structures, corporate and securities laws, fiduciary duties, legal and regulatory concerns, and the underlying financial and economic principles that drive these transactions. This course will also cover current M&A practice and recent developments, as well as significant M&A theory, case law, and history. Students will be responsible for reading all required course materials and for class participation. There will be a final examination at the end of the semester. Grades are based on the final examination (90%) and class participation (10%). Prerequisite: BUSINESS ORGANIZATIONS MULTI-NATIONAL MEGA-CASE BANKRUPTCY (BANKRUPTCY LAW - 5040) 1 credit Virtually all of the large corporate bankruptcy cases involve enterprises that have substantial activities in both the U.S. and other nations. This course will explore the issues that are raised by such cross-border insolvency cases and some of the solutions to those issues. The course will cover courtto-court co-ordination of insolvency proceedings and the UNCITRAL Model Law on Cross-Border Insolvency along with EU Insolvency Regulation and Chapter 15 of the Bankruptcy Code. The course will also compare the insolvency laws of several jurisdictions, with a focus on the important features that should be part of any modern insolvency statute. Evaluation will be based on an examination and class participation may be factored into the final grade. Pre-requisite for J.D. students: Creditors' Rights (Reorganization Under Chapter 11 is a recommended pre- or co-requisite). NATIONAL SECURITY AND THE LAW (CONSTITUTIONAL LAW - 2040) 3 credits This is a general survey course examining the role of law in protecting U.S. national security from threats posed by state and non-state actors. Policy responses to these threats include homeland security policy, war fighting, counterterrorism, intelligence operations, and law enforcement activities. The course will examine how law and lawyers are involved in defining or regulating these tasks. The course will be organized around four major topics (a) the domestic and international legal regulation of the use of military force; (b) the oversight of intelligence gathering and covert operations; (c) counterterrorism and homeland security; and (d) the regulation of secret information. Grades will be based on written memoranda, class participation in discussions and an in-class simulation,

and a final examination. Students are encouraged, though not required, to complete Criminal Procedure I and/or International Law prior to enrolling in National Security and the Law. NEGOTIATION (ADVOCACY AND LEGAL SKILLS - 7030) 2 credits This course examines the skills, constraints, and dynamics of the negotiation process. Students will explore the theoretical framework for understanding negotiation practice in a variety of contexts, including both the settlement of disputes and the creation of value through bargaining. Students will apply the concepts learned by participating in simulated exercises involving realistic negotiation situations. Legal and ethical constraints on lawyers in negotiation will be considered. Grades are based on classroom participation, demonstration of the skills taught, and the submission of written work. A student may take only one of the following: Negotiation, Negotiation (Intensive), or Negotiation (Comprehensive). NEGOTIATION (COMPREHENSIVE) (ADVOCACY AND LEGAL SKILLS - 9030) 3 credits The Negotiation (Comprehensive) course examines the skills, constraints, and dynamics of the negotiation process in an expanded format emphasizing experiential learning and skill development. Students will explore the theoretical framework for understanding negotiation practice in a variety of contexts, including both the settlement of disputes and the creation of value through bargaining. Legal and ethical constraints on lawyers in negotiation will be considered. Students will apply the concepts learned by participating in simulated exercises involving realistic negotiation situations, with extensive analysis and feedback. Grades are based on classroom participation, the submission of written work, and performance on the simulations and exercises. A student may take only one of the following: Negotiation, Negotiation (Intensive), or Negotiation (Comprehensive). NEGOTIATION (INTENSIVE) (ADVOCACY AND LEGAL SKILLS - 8020) 2 credits The Intensive Negotiation course is a compressed, interactive course examining the skills, constraints, and dynamics of the negotiation process. Students will explore the theoretical framework for understanding negotiation practice in a variety of contexts, including both the settlement of disputes and the creation of value through bargaining. Legal and ethical constraints on lawyers in negotiation will be considered. Students will apply the concepts learned by participating in simulated exercises involving realistic negotiation situations. Grades are based on a final examination, along with classroom participation, the submission of written work, and performance on the simulations and exercises. A student may take only one of

St. Johns School of Law Student Handbook 2011-12 Page 81

the following: Negotiation, Negotiation (Intensive), or Negotiation (Comprehensive). NEGOTIATION IN BANKRUPTCY (BANKRUPTCY LAW - 2070) 1 credit The Bankruptcy Code is designed to encourage debtors and creditors to reach accommodations. In Chapter 11, a negotiated, consensual plan of reorganization is considered desirable. This course will focus on negotiation problems and techniques, involving simulated negotiation problems, to increase students' awareness of negotiation issues and to enhance their ability to negotiate the successful resolution of bankruptcy issues and cases. For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program. NEW DEVELOPMENTS IN BUSINESS BANKRUPTCY (BANKRUPTCY LAW - 4050) 1 credit This course explores recent important developments in the area of business bankruptcy that may not be addressed fully in other courses. The instructor will moderate seven two- hour sessions that will bring to St. John's the foremost experts on the subjects covered. The topics covered by the guest lecturers will vary from year to year. Students will be assigned readings for each class, which will generally include a paper prepared by the lecturer and assigned cases. Evaluation will be based on an examination, but active class participation is required and participation and class exercises may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights. NEW YORK CRIMINAL PRACTICE (CRIMINAL LAW - 2010) 3 credits An in-depth study of New York criminal procedure, including police investigation, accusatory instruments, preliminary proceedings in the local criminal court, arraignment, Grand Jury, discovery (including Rosario material), prosecutorial readiness and speedy trial, plea, pretrial motions, trial procedure, sentencing, and direct and collateral attacks on judgments of conviction. Additional topics may include the insanity defense, competency, Youthful Offender treatment, and prosecution of juveniles as adults. Grades will be based on a series of practical writing assignments, such as an accusatory instrument, motion, and a post-conviction appellate brief or motion to vacate. Prior or concurrent enrollment in Criminal Procedure I or II is recommended. Prerequisite: CRIMINAL LAW. NEW YORK LAW: SELECTED TOPICS IN A COMPARATIVE NATIONAL CONTEXT 2 Credits Open to seniors only. The course surveys New York substantive law in a comparative context for the purpose of assisting students in

bar review preparation. Students analyze legal problems in three subjects, comparing and contrasting solutions derived under current New York law with predominant national views. The subject areas covered are (1) Criminal Law (2) Criminal Procedure (3) Torts (4) Contracts/Sales. Students will take a proctored, in-class final examination as well as several in-class examinations, all of which will count toward the final grade. Students also will prepare several written assignments that will be critiqued and graded. The course materials consist of relevant texts and problems. The course is recommended especially for students with weak exam-taking skills. It is not a substitute for a bar review course. NEW YORK PRACTICE (STATE AND FEDERAL PRACTICE - 2000) 4 credits This course is a study of civil litigation in New York from initiation of the action to filing of the case for trial. The course will familiarize students with the nature, purpose, and content of the Civil Practice Law and Rules and, through statutory and case law analysis, develop the requisite foundation for effective civil practice. The treatment is essentially in chronological order, beginning with selection of the appropriate court and covering commencement of the action, personal jurisdiction, statutes of limitation, joinder of parties, pleadings, motion practice and pre-trial discovery. Appellate considerations and issues of res judicata pervade the material. The unique characteristics of Article 78 of the Civil Practice Law and Rules, a form of judicial review of administrative action, are also covered. Any student who contemplates practicing in New York is strongly urged to take the course. Students who plan to practice in other states can also profit from their knowledge of New York Practice inasmuch as the procedural issues covered in the course are universal. Grades are based upon a final examination. NONPROFIT ORGANIZATIONS (BUSINESS AND FINANCE LAW - 3040) 3 credits This course in nonprofit organizations explores state and federal, tax and non-tax aspects of various organizational forms that comprise our nation's nonprofit sector. The course begins with an overview of the rationales for and historical role of nonprofit organizations, including charitable, scientific, educational and religious organizations. Discussion includes the choices of legal form of nonprofits and their special purposes, powers and governance responsibilities. The course addresses recourse against and standing to sue nonprofit organizations' directors in light of statutory and case law. The course explores the special state and federal tax benefits and burdens affecting public benefit and mutual benefit organizations, including the federal income tax exemption, charitable contribution status, the federal unrelated business income tax provisions, and the state property tax exemption. Distinctions between public charities and

St. Johns School of Law Student Handbook 2011-12 Page 82

private foundations, their responsibilities and their taxations will be addressed. Discussion will include federal regulation of political activities, lobbying activities and fundraising activities. Relevant issues impacted by constitutional law considerations are addressed. As current events warrant, special emphasis may be placed on a particular nonprofit sector or type of prohibited activity. Grades are based upon a research paper. NUREMBERG & ITS LEGACIES IN LAW AND HISTORY (THEORY, HISTORY & STRUCTURE OF LAW - 2010) 2 credits This 2-credit course covers developments in international law relating to war, war crimes, genocide and crimes against humanity across the 20th century and to the present. The centerpiece of the course if the 1945-46 International Military Tribunal (IMT) proceedings and its judgments at Nuremberg against the principal Nazi war criminals. The course will consider antecedents to Nuremberg, including the Versailles Treaty, Leipzig trials, League of Nations and Kellogg-Briand treaty; the August 1945 London Agreement creating the IMT; Nuremberg itself, including the IMT trial and judgment and the subsequent American trials of German defendants; other national prosecutions arising from World War II; subsequent related developments, such as the Genocide Convention; and contemporary legal responses to war crimes and other human rights violations, including the International Criminal Tribunals for the Former Yugoslavia and for Rawanda and the International Criminal Court. Grades will be based on class participation and a final examination. PARTNERSHIP, LLC & ALTERNATIVE ENTITY BANKRUPTCY (BANKRUPTCY LAW - 2080) 1 credit This course considers bankruptcy issues uniquely confronting general- and limited liability partnerships and LLC's, with an emphasis on partnerships. Issues include: case commencement; scope of property of the estate; scope of the automatic stay; treatment of partnership and LLC agreements under Section 365; rights and claims between (and among) a partnership or LLC and its constituent partners or members (including a study of Section 723); discharge of individual partners' debts, and specialized plan confirmation issues. Tax issues will be touched upon, but not considered in depth. Prerequisite for J.D. students: Creditors' Rights. PATENT LAW (INTELLECTUAL PROPERTY - 1030) 3 credits This course covers the major substantive and procedural aspects of patent law, including criteria for patent protection, infringement, defenses, and remedies. Students will examine legal doctrine as well as the patent system's public policy objectives and theoretical foundations. While the focus of this course is United States patent law, we will

also address international issues as they arise. This course is designed to be useful both as a solid background for nonpatent-specialists and for those planning a career in the field. No technical background is required for this course. Grades are based upon a final examination. Prerequisite: INTRO TO INTELLECTUAL PROPERTY PATENT LAW SEMINAR (INTELLECTUAL PROPERTY - 1040) 2 credits This is an advanced patent law course, and the course assignments include the preparation of papers that are usually required during the initial years of practice in the patent field including an opinion letter, patent specification and claims, amendment, Rule 131 and Rule 132 affidavits, complaint and answer, preparation and presentation of a detailed paper covering a specific topic in patent law including legal research, analysis of the present law and recommendations for the future, and preparation (optional) for taking examination for registration to practice before the U.S. Patent Office. Grades are based upon a research paper and other written assignments. Prerequisite: PATENT LAW PENSION & EMPLOYEE BENEFITS (LABOR AND EMPLOYMENT LAW - 1000) 3 credits This course will study the laws regulating pensions and other benefits provided to employees by private employers, with a primary but not exclusive emphasis on the Employee Retirement Income Security Act of 1974. Topics covered will include rules designed to prevent forfeiture of pension benefits, fiduciary duties under ERISA regulation of taxqualified pension plans, the termination insurance program for pension plans, preemption of state law and a variety of issues relating to non-pension welfare benefits plans, such as those providing medical insurance. Grades are based upon short written assignments, class participation, and a final examination. PENSION BENEFITS IN BANKRUPTCY (BANKRUPTCY LAW - 3000) 1 credit This course will examine the effect of the bankruptcy of an employer on the pension benefits, both ERISA and nonERISA, of employees. It will also examine the effect of bankruptcy on life insurance and health benefits. It will discuss when and if ERISA benefits become part of the estate of an employee who files in bankruptcy. Attention will be given to issues arising in representing the employer or individual employee when one or the other files in bankruptcy and the limits on the reach of creditors with respect to benefits otherwise available to the employee and the employee's family. Prerequisite for J.D. students: Creditors' Rights. PERSPECTIVES ON JUSTICE (INDIVIDUAL RIGHTS 2060/2070)

St. Johns School of Law Student Handbook 2011-12 Page 83

3 credits: 2 in Fall, 1 in Spring This course is open to second year (or third year evening) law students who are staff members of the Journal of Civil Rights and Economic Development. Students will engage in discussions and analysis of racial, social and economic justice issues from a legal historical and theoretical perspective. The students will also participate in a series of research and writing work- shops and several writing exercises, which will culminate in a note or comprehensive research paper of publishable quality addressing a current legal issue in racial, social, or economic justice. Each student will select a manageable topic addressing a significant legal issue. (If a student is unable to select a topic, s/he will consult with the professors teaching the course on making a selection that is acceptable to the student and the assigned professors.) Students will thoroughly research the topic, prepare comprehensive annotated bibliographies or relevant table of authorities, and prepare at least three drafts of their final paper. Evaluation will be based on the quality of the final paper, earlier drafts of the paper, other writings in the course, and performance in the workshops and exercises. The final grade for both semesters of the course will be posted after the completion of the spring semester POST MORTEM ESTATE PLANNING (TRUSTS AND ESTATES - 1070) 2 credits This course is intended to provide a student with the practical and technical aspects of handling an estate or revocable trust, beginning from the date of death through the date of formal termination. It will also include an overview of the numerous time limitations, alternatives and elections with which an executor or trustee is confronted during the administration of an estate or revocable trust. Specific attention will be given to tax and non-tax factors considered when making an election and the consequences resulting from the exercise or non-exercise of each election. Related topics will include immediate post mortem considerations, revocable trusts, preparing a federal income tax return, handling the audit of a federal estate tax return, a decedent's final income tax return, the selection of the estate's initial and final tax year, and the formal and informal settlement of an executor's accounting. Grades are based upon a final examination. Prerequisite: TRUSTS AND ESTATES POVERTY LAW SEMINAR (INDIVIDUAL RIGHTS - 1060) 2 credits This course will explore legal issues affecting low-income people, how the legal system has responded, and changing ways of effectively advocating on behalf of low-income individuals and communities. Emphasis will be placed on social and economic justice issues, including community development, welfare law, environmental justice, predatory lending and housing issues. Grades are based

upon class participation, a research paper, and a short presentation on the research paper topic. PRE-TRIAL ADVOCACY (ADVOCACY AND LEGAL SKILLS - 1000) 3 credits Using techniques and material developed by the National Institute for Trial Advocacy, this course deals with the preparation of a case for trial from its inception to the pretrial conference. Topics covered include initial client conference, interviewing witnesses, written and oral discovery preliminary motions and motions in limine. Emphasis is placed on learning by doing through simulated exercises and videotape demonstrations. Grades are based upon litigation exercises. PRODUCTS LIABILITY LAW (TORTS - 1030) 2 credits The course surveys and analyzes the policies, laws, regulations, and commercial realities that shape products liability law in the United States. There will be one 2-hour class per week, divided by a 10-minute break. Grades will be based on a final examination (85%) and class participation and preparedness (15%). Prerequisite: TORTS PUBLIC INTERNATIONAL LAW SEMINAR (INTERNATIONAL AND COMPARATIVE LAW - 1070) 2 credits The Public International Law Seminar will be an advanced examination of doctrines, principles and leading cases in international law. Each student will make an oral presentation and write a term paper. It is required that the student, in lieu of a written examination, submit a term paper which examines and discusses an important area, event or crises of great significance in the history and development of international law. Grades are based upon a research paper and an oral class presentation of the term paper. Prerequisite or Corequisite: INTERNATIONAL LAW PUBLIC SECTOR LABOR LAW (LABOR AND EMPLOYMENT LAW - 1060) 2 credits This course considers the labor relations laws applicable to the public employee and the public employer. It covers the history and development of public sector labor law in the United States and in New York State with emphasis and concentration on the Public Employees Fair Employment Act, Article 14 of the New York Civil Service Law (Taylor Law). In this seminar each student leads a class discussion on a subject selected for a research paper, which is the basis of the final grade. RACE AND CORPORATE LAW SEMINAR (INDIVIDUAL RIGHTS - 2000) 2 credits This seminar will focus on the intersection of issues relating to race, business, corporate law and corporate governance.

St. Johns School of Law Student Handbook 2011-12 Page 84

Students will examine examples of race discrimination by corporations and explore corporate law and governance remedies that may ameliorate the effects of discrimination. The discussions and readings will be interdisciplinary. Students will consider law and economics, behavioral economics, critical race theory and other disciplines to explore discriminatory corporate cultures and racial underrepresentation within large publicly held companies. Part of the focus in this seminar will be on critical race theories such as the unconscious nature of racism, the phenomenon of legal storytelling, and the idea of race as social construct. Students will examine and apply race theory to corporate governance problems. Each student must complete a scholarly research paper of at least 20 pages, and present and defend that paper during one of the last three classes. The grade for the seminar will be based on class discussions, the paper, and the presentation and defense of the paper in class. Prerequisite: BUSINESS ORGANIZATIONS RACE AND LAW SEMINAR (INDIVIDUAL RIGHTS - 1080) 3 credits This course explores how race and law have interacted in American society. Materials for investigation will include Supreme Court opinions, historical accounts, jurisprudence and some interdisciplinary readings. The course will specifically explore the following topics: (1) What is race?; (2) Slavery; (3) Colorism; (4) Colonization of Puerto Rico; (5) Manifest Destiny and Mexican Americans; (6) Asian American Immigration Exclusion; (7) Native American "Trail of Tears"; and (8) Affirmative Action. Grades are based upon (1) final exam; (2) autobiography; (3) journal entries; and (4) class presentation. REAL ESTATE TRANSACTIONS (PROPERTY - 1090) 2 credits Open only to students who have not taken the twosemester sequence of Property I and II and/or Real Estate Transactions-Advanced. This course examines the fundamental legal and business building blocks of real estate transactions. Topics include the role of the lawyer, broker participation and responsibilities, the contract of sale and remedies for breach, deeds and closing, the title system, mortgages and foreclosure. This course provides a foundation for other advanced real estate courses. Grades are based upon a final examination. Prerequisite: PROPERTY REAL ESTATE TRANSACTIONS-ADVANCED (PROPERTY - 1040) 2 credits This course is designed to acquaint the student with current real estate concepts and trends, and treats such areas as institutional lending practices, governmental financing programs, the sale and leaseback, real estate investment trusts, syndications, air rights projects, and cooperatives and condominiums. The income tax ramifications of various

legal arrangements are studied in conjunction with an analysis of the legal framework of the transaction. Grades are based upon a final examination. Prerequisite: REAL ESTATE TRANSACTIONS REAL ESTATE WORKOUTS & BANKRUPTCY SEMINAR (BANKRUPTCY LAW - 1010) 2 credits This course will examine the consequences of real estate defaults, emphasizing the major current problems faced by real estate mortgagees, landlords, tenants and partners in default situations and mitigating drafting techniques that may be employed in the documentation stage. Among the areas covered will be: negotiating and drafting a workout agreement; lender liability; cramdown of bankruptcy plans including classification and "new value" issues; and effect of bankruptcy of a real estate partner. Grades are based upon a research paper and a final examination. Prerequisite for J.D. students: Creditors' Rights or Real Estate Transactions-Advanced. REGULATION OF INVESTMENT COMPANIES & INVESTMENT ADVISORS (BUSINESS AND FINANCE LAW - 3020) 2 credits This course will address the federal regulation of investment companies including the Investment Company Act of 1940 and the Investment Advisers Act of 1940. Particular attention is devoted to the definition of a mutual fund, organizing a mutual fund, restrictions on affiliated transactions, investment objectives, distribution practices, including fund "supermarkets" and prospectus disclosure requirements. The course also covers issues relating to the independence of directors, governance rights of shareholders, advisory fees and expenses, codes of ethics, and trading practices. Class discussion will examine the roles of in-house counsel to the fund manager, and independent counsel to the fund and its disinterested directors. Grades are based upon a final examination. Prerequisite: BUSINESS ORGANIZATIONS REMEDIES (STATE AND FEDERAL PRACTICE - 2020) 3 credits In addition to the study of the various judicial remedies in a merged system of law and equity, this course presents the nature of equity jurisdiction and its principles, remedies and doctrines as currently applied. In an approach that is historical and analytical, the course includes powers of courts of equity, specific relief in contracts and against torts, the special function of the injunction in all areas of law, trial by jury, and special remedies such as interpleader, bills of peace, removal of cloud on title, and declaratory judgments. Primary source materials include cases, statutes, constitutional provisions and rules of court. Grades are based upon a final examination. REMEDIES FOR UNJUST ENRICHMENT

St. Johns School of Law Student Handbook 2011-12 Page 85

(STATE AND FEDERAL PRACTICE - 3000) 2 credits This course, otherwise known as Restitution, covers both substantive and remedial matters. Substantively, the course rounds out the field of primary legal obligations left untreated by contracts and torts, i.e., obligations imposed by law to prevent unjust enrichment as opposed to the capture of anticipated gains (contracts) or reparation for injury (torts). On the remedial side, there is discussion of the legal and equitable remedies for unjust enrichment such as quasi-contract, constructive trust, subrogation, accounting of profits, equitable lien, and tracing of assets through exchanges. The course covers in particular detail the effect of fraud and mistake on the formation, integration, and performance of written transactions, both contractual and donative; inter vivos and testamentary. The existence and scope of remedies for benefits conferred in reliance on non-existent, unenforceable, illegal and breached contracts are also treated as are the defenses to restitutionary relief such as bona fide purchase, change of position, unclean hands, lapse of time, election of remedies and restoration to defendant of gains received. Grades are based upon a final examination. REPRESENTING TRUSTEES IN BANKRUPTCY (BANKRUPTCY LAW - 4040) 1 credit This course examines current issues that arise in the representation of trustees in the bankruptcy process. Among other issues, the course will examine the powers and duties of a trustee, the role a trustee plays in different contexts, and the relationship between a trustee and the Office of the United States Trustee. The differing powers, duties, and roles of a trustee in Chapter 7, 11, 12 & 13 cases will be explored. Evaluation will be based on an examination, but class participation is required and may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights. RESOLVING INTERNATIONAL CIVIL DISPUTES (ADVOCACY AND LEGAL SKILLS - 7090) 2 credits In an increasingly globalizing world, practicing attorneys must be skilled in how to resolve international civil disputes. How is the practice of international civil dispute resolution different from domestic practice? First, the students will be introduced to an overview of the competing systems available to resolve international civil disputes. Then students will have an opportunity to work on selected issues in international litigation and dispute resolution, such as evaluation of the benefits and risks of different approaches to dispute resolution, strategic planning (before and after disputes erupt), advocacy considerations, and cultural competence. Students will learn from a combination of lectures, simulations, field visits and drafting exercises. Lawyers engaged in international practice will be invited to selected class sessions. Rome will be used as a window to examine the

dynamic challenges of international dispute resolution. The course grade will be based on the quality of classroom participation and a final examination. SECURED TRANSACTIONS & BANKRUPTCY (BANKRUPTCY LAW - 3010) 2 credits This course will examine the effect of bankruptcy on the rights of creditors holding UCC Article 9 security interests in assets of a debtor. Topics will include the impact of the automatic stay on foreclosure rights; limitations on the post-petition effectiveness of security agreements; the estate's ability to use and sell collateral; the estate's ability to avoid security interests; and the treatment and modification of secured claims in bankruptcy. Prerequisite for J.D. students: Creditors' Rights. SECURITIES REGULATION (BUSINESS AND FINANCE LAW - 2070) 3 credits This course will focus on the Securities Act of 1933 and the Securities Exchange Act of 1934. With respect to the former, the course will particularly emphasize the public distribution process, registration, proxy regulation, regulation of tender offers and corporate repurchases, short-swing trading by corporate insiders and the antifraud provisions (including Rule 10B-5 and civil liability). The course will also examine the professional responsibilities of securities lawyers and other professionals and will touch upon regulation of securities exchanges and the over-the-counter market and regulation of brokers and dealers. Grades are based upon a final examination. Prerequisite: BUSINESS ORGANIZATIONS SECURITIES REGULATION-ADVANCED (BUSINESS AND FINANCE LAW - 2080) 2 credits This course will focus on current problems and trends in the area of securities law such as proxy contests, tender offers, the goals of disclosure, underwriters responsibility, the expanding securities activities of financial organizations, professional responsibility of attorneys, regulation of commodities and options and the structure of the securities markets. Not all subjects will be covered in each semester; specific subjects to be dealt with will depend upon the judgment of the professor as to matters of significance at the time. The course will be conducted in a seminar format, and students will be expected to conduct independent research and lead class discussions. In addition, the course may include drafting of securities-law related materials. Grades are based upon a research paper. Prerequisite: SECURITIES REGULATION SECURITIZATION, STRUCTURAL MARKETS (BANKRUPTCY LAW - 4010) 2 credits FINANCE & CAPITAL

St. Johns School of Law Student Handbook 2011-12 Page 86

This course will examine the legal structure of securitization, a trillion-dollar industry. Securitization is the process by which a company sells its receivables (debts owed to it) to a special purpose entity (SPE) created specifically for that purpose. This form of financing can realize lower interest rates to the company selling the receivables than if the company borrowed against its receivables and kept title. The course will touch on various legal issues raised by this industry, including secured transactions, bankruptcy, corporate finance, securities regulation, corporate governance, and the role that legal opinions play throughout the deal process. The course will be graded based upon an inclass exam (80%) and class participation (20%). Prerequisite for J.D. students: Creditors' Rights or Business Organizations or Secured Transactions. SELECTED TOPICS IN BANKRUPTCY (BANKRUPTCY LAW - 4060) 1 credit This course will be offered in the LL.M. Bankruptcy program periodically to explore a topic of major significance to the insolvency community that is not covered sufficiently in some other course. It will be a thorough, in depth, review of the issue and the problems arising therefrom. It will be taught by an expert or experts in the area involved. Students may enroll for multiple "Selected Topics" course offerings, but may not take the same offering for credit more than once. Evaluation will be based on an examination or paper in the discretion of the instructor (check with the LL.M. office). Class participation is required and may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights. SENTENCING & POST-CONVICTION RELIEF (CRIMINAL LAW - 1070) 3 credits This course covers what happens in a criminal case after a conviction. Starting from a general examination of the philosophical justifications for punishment, the course will then explore in detail the indeterminate sentencing scheme used in New York and the guidelines sentencing scheme used in the federal courts. Other sentencing topics include alternatives to incarceration, the re-emergence of the death penalty, and the influence of race on sentencing. The course will also examine post-conviction relief, with particular focus on the writ of habeas corpus. Grades are based upon a final examination, several short writing assignments, and class participation. N.B.: Students taking this course are not permitted to take the two-credit Sentencing Seminar. SMALL BUSINESS BANKRUPTCY (BANKRUPTCY LAW - 4030) 1 credit This course will address and discuss the problems encountered by, and the possible solutions for small business entities (corporations, partnerships, and LLC's) in

financial distress. In addition to facing all the same inherent problems that large businesses have in reorganizing and restructuring, small businesses face added burdens with regard to the inherent costs of successful reorganization and access to quality financial and legal advice. Likewise, small business creditors often look at huge write-offs that might be mitigated by a successful reorganization process. The goal is for the students to obtain a thorough understanding of the many issues involved in small business and agricultural bankruptcies. Evaluation will be based on an examination, but class participation maybe factored into the final grade. Prerequisite for J.D. students: Creditors' Rights. SPORTS LAW (INTELLECTUAL PROPERTY - 1050) 2 credits This course explores contemporary legal issues in intercollegiate, professional and Olympic sports. It examines antitrust, contract, constitutional, gender discrimination, international and labor law issues. A portion of the course will be devoted to the regulation of agents and the representation of professional athletes, including a mock contact negotiation exercise. Grades are based upon a research paper. STATE CONSTITUTIONAL LAW SEMINAR (CONSTITUTIONAL LAW - 1030) 2 credits The purpose of this seminar is to complement the basic course in Constitutional Law by providing students with the opportunity to examine systematically the role and function that state constitutions play in the context of American federalism. The primary objective is to provide students with a basic understanding of the range of legal and political issues that arise under state constitutions. While the material is national in scope and draws from a variety of state court decisions, the specific provisions and court interpretations of the New York State constitution are analyzed in greatest depth. Topics covered include the history, function, and interpretation of state constitutions; the protection of individual liberties; separation of powers; taxing, borrowing, and spending; local governmental powers; and the revision and amendment of state constitutions. Grades are based upon a research paper. Prerequisite: CONSTITUTIONAL LAW STATES & SOVEREIGNTY: INTERNATIONAL & COMPARATIVE (INTERNATIONAL AND COMPARATIVE LAW - 3030) 2 credits Modern international law and the modern state were both born from the Peace of Westphalia in 1648. Since then, the state has been the central actor on the global stage and the concerns of the state have animated the evolution of international law. But states themselves are evolving and facing new pressures from "below," such as ethnic strife and secessionist claims, and from "above," such as the EU and NAFTA. This class will consider the evolution and

St. Johns School of Law Student Handbook 2011-12 Page 87

function of the modern state and how this evolution has affected the form and function of international law. Grades will be based on a final exam when the course is offered overseas and on a research paper when offered in the U.S. When taught in the U.S., it is suggested that students first take International Law. STREET LAW: LEGAL EDUCATION IN COMMUNTY (ADVOCACY AND LEGAL SKILLS - 6050) 1 credit The Street Law Program offers students the exciting opportunity to teach a practical law course to members of the Greater Queens community. While serving the Queens community, law students will develop practical legal knowledge, professional responsibility, and important lawyering skills, such as the ability to organize complex legal ideas and communicate them effectively to an audience of non-lawyers. Law students will teach weekly on subjects such as constitutional law, civil rights, torts, consumer and housing law, and family law. The professor will observe the students' teaching and meet with them during the semester to discuss their performance. Law students will receive 1 pass/fail credit for their time teaching in the classroom. This course must be taken in conjunction with the Street law Seminar. Interested students will be chosen for the course based upon an interview with the professor. Corequisite: STREET LAW SEMINAR STREET LAW SEMINAR (ADVOCACY AND LEGAL SKILLS - 6040) 2 credits In addition to their teaching, law students will attend a two-hour weekly seminar at the law school. The seminar will educate law students on the substantive and policy issues to be taught. It will also introduce the law students to innovative and effective teaching methodologies appropriate for their audience. Law students will submit lesson plans and other written materials for the professor's review. The seminar will also include simulations, such as mock client interviews and negotiations, and student presentations. Law students will receive 2 letter-grade credits for the seminar. Grades for the course will be based on weekly written assignments, teaching performance, and participation in the seminar. The course must be taken in conjunction with StreetLaw: Legal Education in the Community. Interested students will be chosen for the course based upon an interview with the professor. Corequisite: STREETLAW:LEGAL ED IN COMMUNTY SUPREME COURT AMICUS BRIEF (BANKRUPTCY LAW 3090 and 4000) (2 credits) For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program Under the supervision and direction of the faculty member, the class will research, draft and file an amicus brief in a Under the supervision and direction of the faculty member, pending

U.S. Supreme Court bankruptcy appeal (or Court of Appeals case if there is no appropriate Supreme Court appeal). Students will also study brief writing and the amicus concept. Written assignments will include at least one research memo and a section of the amicus brief. Grading will be based on the quality of the student's research and written work, and on the student's contribution to the amicus brief project. Although there is a classroom component to the course, the majority of the work will be concentrated in the period when the brief is written. Since the brief deadline could be in either semester, students must commit to both semesters of the course. Enrollment is limited. SUPREME COURT HISTORY: ERAS & JUSTICES (CONSTITUTIONAL LAW - 2020) 2 credits This 2-credit course covers the history and work of the Supreme Court of the United States. It considers the Court, its justices and salient issues and episodes across periods in U.S. history. Grades will be based on class participation, regular writings and a final examination. In addition to the 2-credit course, students have the option to write in the next semester, subject to the professor's permission, a 1credit research paper on a topic growing out of the course. The paper will be graded separately. Prerequisite: CONSTITUTIONAL LAW SUPREME COURT HISTORY: RESEARCH PAPER (CONSTITUTIONAL LAW - 2030) 1 credit Students who have completed Supreme Court History: Eras & Justices may, with the professor's permission, write in the next semester a 1-credit research paper on a topic growing out of the topic in the initial course. Prerequisite: SUPREME COURT HISTORY: ERAS & JUSTICES SUPREME COURT SEMINAR (CONSTITUTIONAL LAW - 1080) 3 credits This seminar is an in-depth study of the Supreme Court as an institution, with a focus on current constitutional issues that form part of the Court's pending docket. Students will meet as a simulated Supreme Court, discuss pending cases in "conference," vote on those cases, and draft opinions. Interested students will be chosen for the course based upon an application submitted to the professor. Grades will be based on class participation and the written opinions. Prerequisite: CONSTITUTIONAL LAW SURETYSHIP AND MORTGAGES (PROPERTY - 1070) 2 credits The nature and formation of the suretyship contract is considered and is distinguished from similar relations. The statute of frauds problem is explored and analysis made of the surety rights against the principal debtor, the creditor, and co-sureties. The surety's defenses are studied including

St. Johns School of Law Student Handbook 2011-12 Page 88

fraud, duress, incapacity of the principal; failure of a party to sign; release of a party; tender of performance; impossibility or illegality of principal's performance; alteration of principal; obligation and release of security. The course also covers security transactions involving real property. Topics covered are formal or legal mortgages, equitable mortgages, mortgages for future advances, the effect of the recording acts and the elements of bona fide lender for value, the nature of the interests, and the rights of the mortgagor and mortgagee, priorities between mortgagors, redemption, discharge and foreclosure. Grades are based upon a final examination. TAX INTERNATIONAL ASPECTS OF U.S. INCOME (TAXATION - 1050) 2 credits This course will survey the U.S. income taxation of nonresident alien individuals and foreign corporations involved in business transactions and investment activities in the United States, as well as on the U.S. income taxation of domestic corporations and U.S. citizens with foreign income producing activities. As part of the discussion of these topics, coverage will address the taxation of U.S. shareholders of controlled foreign corporations; the role of the foreign tax credit for U.S. citizens and domestic corporations; the role of the withholding tax applicable to nonresident individuals and foreign corporations; the branch profits tax; special status foreign corporations, such as passive foreign investment companies; transfer pricing; and the role of tax treaties. Class discussion will also include basic federal corporate tax concepts when important to the understanding of these topics. Grades are based upon a final examination. Prerequisite: TAX BASIC FED PERSONAL INCOME TAXATION-ADVANCED FEDERAL PERSONAL INCOME (TAXATION - 1010) 2 credits This course further develops a number of areas of the law of federal income taxation as applied to taxpayers generally and to individuals in particular, such as methods of accounting, deferred compensation, charitable deductions, depreciation and recapture, the 1231 hodgepot, tax-free exchanges, sale of principal residence, involuntary conversions, and installment sales. The minimum tax and incentive stock options also might be addressed. Grades are based upon a final examination. Prerequisite: TAX BASIC FED PERSONAL INCOME TAXATION-FEDERAL CORPORATE INCOME (TAXATION - 1020) 4 credits This course applies the principles of federal income taxation to problems arising from use of the corporate form. The tax consequences to the corporation and to the shareholders are considered. Major topics covered in the course include what entities are considered corporations for tax purposes, tax-free incorporations, the treatment of dividends and

Section 306 stock redemptions, partial and complete liquidations, and mergers, divisions and other corporate reorganizations. Grades are based upon a final examination. Prerequisite: TAX BASIC FED PERSONAL INCOME TAX FEDERAL ESTATE AND GIFT (TRUSTS AND ESTATES - 1050) 3 credits The purpose of this course is to give the students an understanding of the federal estate and gift tax laws and their underlying principles. The history of these taxes is reviewed and a brief survey is made of estate and gift tax procedures. Major estate tax topics covered are inclusion and exclusion from the gross estate of interests owned by the decedent, property transferred by the decedent during his lifetime, life insurance, jointly owned property, property subject to a power of appointment, and annuities. Gift tax topics include complete and incomplete gifts, adverse interests, the annual exclusion, the exercise and release of powers of appointment, transfers incident to marital separations, gift splitting, and indirect gifts. Estate and gift tax problems cover adequate consideration, the marital deduction, the charitable deduction, valuation and computation of tax liability. Income in respect of a decedent and generation skipping transfers are also examined briefly. Grades are based upon a final examination. TAXATION-FEDERAL INCOME TAXATION OF PARTNERSHIPS & LLCS (TAXATION - 1070) 2 credits This course provides a survey of the effects of federal income tax laws on the formation, operation and liquidation of partnerships and limited liability companies. These entities have become a preferred and increasingly utilized means of operating small business ventures. Topics addressed include the formation and operation of the business entity, the sale and liquidation of ownership interests, and the tax consequences to the owners and the business entity that result from operating as a partnership or limited liability company. Grades are based upon a final examination. Prerequisite: TAX BASIC FED PERSONAL INCOME TAXATION SEMINAR (TAXATION - 1060) 2 credits This course investigates a number of federal income tax topics, which may vary from semester to semester. Special emphasis is given to currently active issues. This seminar requires the preparation of a paper of law review quality analyzing a selected problem, applying the tax law, and finding a solution. Grades are based upon a research paper. Prerequisite: TAX BASIC FED PERSONAL INCOME THEATER LAW

St. Johns School of Law Student Handbook 2011-12 Page 89

(THEORY, HISTORY & STRUCTURE OF LAW - 1080) 2 credits The staging of a play or musical involves numerous legal relationships and obligations. Accordingly, this course surveys the law governing the theater industry, including the authorship rights of playwrights; the financial rights of investors; the rights and obligations of performers, directors, choreographers, designers, musicians, and crew; and the attendance rights of audiences. Although our main concern will be Broadway and Off-Broadway productions, we also will spend time considering the legal rights and duties of amateur theater groups. The course explores the application of numerous legal doctrines to theaters, including property rights (e.g., leasing issues, building codes, the sale of naming rights); tort issues (e.g., defamation suits against critics, liability for injuries in theaters); employment law issues, and contract issues. Grades are based upon a research paper, presentation of the paper to the class, participation in a simulation, and class participation. TORTS SEMINAR (TORTS - 1000) 2 credits This seminar presents competing theories of tort law and explores current reform proposals. It also allows students to investigate specialized areas of tort liability in more depth than is possible in the first year torts course. Each student is required to prepare a paper of law review quality on a topic approved by the faculty member conducting the seminar. Subjects may include any aspect of tort theory or may present the state of law in one area, such as, aviation, advertising, public utilities, the operation of municipal corporations or the tort liability of professionals. Grades are based upon a research paper. TRADEMARKS & UNFAIR COMPETITION (INTELLECTUAL PROPERTY - 1070) 3 credits This course undertakes a detailed examination of the law of trademarks and unfair competition. We will focus primarily on federal protection of trademarks and trade dress under the Trademark Act of 1946 (the Lanham Act). Additional topics will include federal unfair competition law (including false advertising), state-law rights of publicity, and legal issues relating to trademarks on the Internet. While focus of this course is United States trademark and unfair competition law, we will also address international issues as they arise. Grades are based upon a final examination. Prerequisite: INTRO TO INTELLECTUAL PROPERTY TRANSACTIONS IN EMERGING MARKETS (INTERNATIONAL AND COMPARATIVE LAW - 2050) 2 credits This class will examine the various issues faced by attorneys when representing clients in business transactions in emerging markets or developing countries. Students will be

expected to master doctrinal issues such as the regulation of mergers and acquisitions, the variety of business organizations recognized under the U.S. and foreign jurisdictions, and different aspects of cross-border contracting. Students will also consider a variety of topics that affect the work of lawyers, including how cultural differences affect business negotiations, how cross-border deals are structured in order to achieve business goals, and how workflow is managed in a complex business transaction. Grades will be based on a research paper and on class presentation. N.B. Students who take this course are not permitted to take Transactions in Emerging Markets-Travel course. Prerequisite or Corequisite: BUSINESS ORGANIZATIONS OR INT'L BUSINESS TRANSACTIONS TRANSACTIONS IN EMERGING MARKETS-TRAVEL (INTERNATIONAL AND COMPARATIVE LAW - 3070) 3 credits This class will examine the various issues faced by attorneys when representing clients in business transactions in emerging markets or developing countries. Besides classroom work, students will meet business and legal leaders in New York involved in emerging markets transactions and will travel to Romania during Spring Break for meetings and visits in that country. (There will be a program fee covering hotel, airfare, transportation and other program costs; special registration applies.) As part of the course, students will be expected to master doctrinal issues such as the regulation of mergers and acquisitions, the protection of foreign investments, the variety of business organizations recognized under the U.S. and foreign jurisdictions, and different aspects of cross-border contracting. There is particular emphasis on cross-cultural negotiation and dispute resolution. Students will also consider a variety of topics that affect the work of lawyers, including how cross-border deals are structured in order to achieve business goals and how workflow is managed in a complex business transaction. Grades will be based on a research paper, a reflection paper based on the travel component, and on participation both in class and in the various visits. N.B. Students who take this course are not permitted to take Transactions in Emerging Markets. Prerequisite: BUSINESS ORGANIZATIONS OR INT'L BUSINESS TRANSACTIONS TRIAL ADVOCACY-CONCENTRATED CIVIL (ADVOCACY AND LEGAL SKILLS - 5060) 3 credits The concentrated Civil Trial Advocacy Course meets on a concentrated schedule (six hours per week) during the middle seven weeks of the spring semester. Each week students attend a one hour lecture and demonstration class and participate in two 150 minute small-group simulation class. Two trial advocacy professors provide constructive critique, demonstrate skills, and encourage classroom exploration of case theory and approaches to the simulation assignment due in class. The course culminates

St. Johns School of Law Student Handbook 2011-12 Page 90

in student teams litigating a full-day criminal or civil trial based upon a specially developed case file. The course emphasizes learning basic trial advocacy skills including voir dire, opening statements, summation, direct and cross examinations, evidentiary procedures, and working with expert witnesses. Grades are based upon class participation, ability to learn from critique, and the level of performance for each skill simulated, and the final trial. N.B.: A student may take both civil and criminal trial advocacy but may not take either more than once (including Intensive or Concentrated courses but excluding any advanced trial advocacy courses which may be offered). Prerequisite: EVIDENCE TRIAL ADVOCACY-CONCENTRATED CRIMINAL (ADVOCACY AND LEGAL SKILLS - 6020) 3 credits The concentrated Criminal Trial Advocacy Course meets on a concentrated schedule (six hours per week) during the middle seven weeks of the fall semester. Each week students attend a one hour lecture and demonstration class and participate in two 150 minute small-group simulation class. Two trial advocacy professors provide constructive critique, demonstrate skills, and encourage classroom exploration of case theory and approaches to the simulation assignment due in class. The course culminates in student teams litigating a full-day criminal trial based upon a specially developed case file. The course emphasizes learning basic trial advocacy skills including voir dire, opening statements, summation, direct and cross examinations, evidentiary procedures, and working with expert witnesses. Grades are based upon class participation, ability to learn from critique, and the level of performance for each skill simulated, and the final trial. N.B.: A student may take both civil and criminal trial advocacy but may not take either more than once (including Intensive or Concentrated courses but excluding any advanced trial advocacy courses which may be offered). Prerequisite: EVIDENCE TRIAL ADVOCACY - CRIMINAL (ADVOCACY AND LEGAL SKILLS - 1080) 3 credits The trial of criminal cases will be analyzed. The conduct of both defense counsel and prosecutor will be considered in detail with due consideration given to the application of the rules of evidence, openings, summations, jury selection, and trial strategy. Grades are based upon the student's performance in a jury trial. N.B.: A student may take both civil and criminal trial advocacy, but may not take either more than once (including Intensive or Concentrated courses but excluding any advanced trial advocacy courses which may be offered). Prerequisite: EVIDENCE TRIAL ADVOCACY (INTENSIVE) (ADVOCACY AND LEGAL SKILLS - 4070) 3 credits

The Intensive Trial Advocacy Course is a two-week, full-time interactive course in which students participate in small group simulations, critique and attend a substantive lecture each day. The course culminates in student teams litigating a full-day criminal or civil trial based upon a specially developed case file. The course emphasizes learning basic trial advocacy skills including voir dire, opening statements, summation, direct and cross examinations, evidentiary procedures, and working with expert witnesses. The subject matter of the course will alternate between civil and criminal each year. Grades are based upon class participation, ability to learn from critique and the level of performance for each skill simulated. N.B.: A student may take both civil and criminal trial advocacy, but may not take either more than once (including Intensive or concentrated courses but excluding any advanced trial advocacy courses which may be offered). Prerequisite: EVIDENCE UNINCORPORATED BUSINESS ASSOCIATIONS (BUSINESS AND FINANCE LAW - 4000) 2 credits The course will cover the law relating to agency and unincorporated business entities, including general and limited partnerships and limited liability companies. The subject matter of the course will include basic agency concepts, bases of authority, termination of agency, and the relationships between principal, agent, and third parties. As to unincorporated business entities, the subject matter will include partnership concepts including liabilities, rights and duties of partners, dissolution, winding up and termination with respect to both general and limited partnerships. These concepts will also be addressed in relation to limited liability companies. A brief introduction to other unincorporated entities may cover sole proprietorships, business trusts, professionals corporations and associations and franchises. Grades will be based on a final examination. Prerequisite: BUSINESS ORGANIZATIONS WHITE COLLAR CRIME (CRIMINAL LAW - 1000) 2 credits This course studies a range of federal statutes that define individual and corporate crimes involving fraudulent schemes, business crimes and public corruption. Specific statutes to be considered include those defining mail and wire fraud, obstruction of justice, perjury, racketeer influenced and corrupt organizations, and computerrelated crimes. The course also will consider legal and investigative issues that relate to evidence gathering by prosecutors, grand juries and administrative bodies. Grades are based upon a final examination. Prerequisite: CRIMINAL LAW WRONGFUL CONVICTIONS (CRIMINAL LAW - 2020) 3 credits

St. Johns School of Law Student Handbook 2011-12 Page 91

The course is designed to study: (1) the history of wrongful convictions; (2) the causes of wrongful convictions; (3) what legal and scientific mechanisms are used to uncover and expose wrongful convictions; (4) the potential remedies for minimizing, as much as humanly possible, future wrongful convictions, but at the same time not minimizing the likelihood of accurate convictions; (5) how States compensate the wrongly convicted; and (6) how different countries expose, learn from, and deal with wrongful convictions. Grades will be based upon a research paper at least 30 pages in length (85%) and class participation (15%). Criminal Procedure I and II are recommended but not required.

Prerequisite: ELDER LAW CLINIC OR CHILD ADVOCACY CLINIC OR SECURITIES ARBITRATION CLINIC BANKRUPTCY ADVOCACY CLINIC (ADVOCACY AND LEGAL SKILLS 8090/9000) 8 credits: 4 in Fall, 4 in Spring The Bankruptcy Advocacy Clinic is a two- semester clinical program available to second and third year students and evening students after their third semester if they can work in the clinic during the day. St. John's University is partnering with the NYC Bankruptcy Assistance Project of Legal Services NYC to give students the opportunity to engage in bankruptcy advocacy for debtors facing crushing debt and debilitating debt collection actions. Students will screen potential clients for bankruptcy, triage cases and prepare bankruptcy petitions for debtors to file pro se. In some cases, they may represent debtors in court, including Chapter 13 confirmation hearings, relief from stay motions, contested matters and adversary proceedings. Casework will be supervised by experienced bankruptcy attorneys. The grade will be based upon the student's overall performance in the clinic. BREAD AND LIFE IMMIGRATION CLINIC (ADVOCACY AND LEGAL SKILLS - 8040) 4 credits The Bread and Life: Immigration Clinic is a one- semester clinical program available to second- and third- year day students and to evening students after their third semester if they can work in the clinic during the day. St. John's Law School is partnering with St. John's Bread and Life to give students the opportunity to engage in "community lawyering" with an immigrant population. Students will develop skills in interviewing, identifying factual and legal issues, researching, preparing memoranda, working with clients from diverse cultures, and referring clients to appropriate agencies. Students will be exposed to a wide array of immigration-related problems. Experience will include representing clients in administrative immigration matters before the United States Citizenship and Immigration Services and litigating in removal or deportation proceedings before the immigration courts, the Board of Immigration Appeals or the United States Court of Appeals for the Second Circuit. Grades will be based on demonstration of the skills taught, ability to work with clients and team members, written assignments, and classroom participation, including roundtable discussions where students will present a client's case, identify a particular complex legal, factual or strategic issue, and share ideas. Students will be required to have office hours and work on their cases 13 hours a week in addition to a two-hour weekly seminar. CHILD ADVOCACY CLINIC (ADVOCACY AND LEGAL SKILLS - 5090) 4 credits The Child Advocacy Clinic is a one-semester in-house, liveclient, multi-disciplinary clinical program available to

C. Clinics ADVANCED CLINIC PRACTICE (SUMMER) (ADVOCACY AND LEGAL SKILLS - 9090) 2 credits The Elder Law, Securities Arbitration, Child Advocacy and Bread and Life: Bridge to Justice Clinics continue to provide representation to existing clients during the summer. Students who have already participated in one of these four clinics are eligible to enroll in the Advanced Clinic. The summer students will work on clinic cases and initiatives. Students will have the opportunity to further develop and refine their lawyering skills and to develop new skills. Each student will work in the clinic for 26 hours a week, if participation is for the 7 week summer school program. For students who participate in the 9 week summer school program, they will be required to work 20 hours a week. Faculty supervision will include weekly meetings with students to discuss casework and further development of skills and case rounds. Interested students will apply to the appropriate clinic and will be chosen by the clinical faculty. Prerequisite: ELDER LAW CLINIC OR SECURITIES ARBITRATION CLINIC OR CHILD ADVOCACY CLINIC OR BREAD AND LIFE IMMIGRATION CLINIC ADVANCED CLINIC PRACTICE (ADVOCACY AND LEGAL SKILLS - 9080) 2 credits Many students who participate in the Elder Law, Securities Arbitration and Child Advocacy clinics express a desire to continue their work in the clinic for another semester. This course allows former clinic students to apply to work in the clinic for an additional semester for credit. Each of the three clinics will accept no more than 2 former students each semester. Students will work in the clinic for 13 hours a week. Faculty supervision will include weekly meetings with students to discuss casework and further development of skills and case rounds. During the semester, each advanced clinic student will have the opportunity to refine the skills they have learned, acquire new skills, and mentor new students. Interested students will apply to the appropriate clinic and will be chosen by the clinical faculty.

St. Johns School of Law Student Handbook 2011-12 Page 92

second and third year students and evening students after their third semester if they can work in the clinic during the day. The Clinic addresses the needs of children who have been abused and neglected and affords the students the opportunity to develop essential lawyering skills, practical legal knowledge and professional responsibility while serving the Queens community. Students in the Clinic will be assigned to represent children in child abuse and neglect cases in Queens County Family Court. Allegations in these cases include parental drug and alcohol abuse, educational neglect, excessive corporal punishment, domestic violence, inadequate guardianship, parental mental illness, etc. Students provide representation from arraignment through final resolution of the case. Students working with mental health consultants will engage in all professional responsibilities and aspects of representation, such as interviewing, fact investigation, preparation of all legal papers, working with experts, trial preparation, negotiation, field work and trials. The Clinical Professor supervises students in all aspects of client representation and litigation. Students are required to work in the Clinic 13 hours a week. Additionally, students are required to attend a weekly 2-hour seminar component. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of law, and participate in roundtable discussions. Students will be selected based upon an interview with the professor and submission of a resume, cover letter, and unofficial transcript. CONSUMER PROTECTION CLINIC (ADVOCACY AND LEGAL SKILLS 1025) 4 credits The Consumer Protection Clinic will be offered as a two semester clinical program available to second- and thirdyear students. Part-time students who have completed three semesters of law school and are available to work at the clinic during the day are eligible to apply. St. John's University is partnering with the New York City Department of Consumer Affairs to give students the opportunity to learn the inner workings of an administrative agency, the responsibilities and duties of an administrative agency, and the process of decision-making in enforcement of consumer laws, including false advertising laws. Students will survey print advertising, signage and the internet for possible false and deceptive advertising. Students will engage in research and investigations; draft pleadings (whether state court pleadings or tribunal notices of hearings); engage in settlement negotiations; draft settlements; and conduct or participate in hearings. Students will also participate in conducting consumer and industry outreach on advertising issues, as well as draft consumer tips and other educational materials. CRIMINAL DEFENSE CLINIC (ADVOCACY AND LEGAL SKILLS 8070/8080) 8 credits: 4 in Fall, 4 in Spring

This course is limited to students who are selected after a screening and interview process. Selected students must commit to the course for the full academic year. Students will be placed at an indigent defense organization where they will represent clients in misdemeanor and violation cases under the supervision of an experienced attorney. Students will practice pursuant to an approved student practice order which permits students to arraign cases, interview clients, write, file and argue motions, conduct case investigations and represent clients in all court appearances. Students will also participate in a weekly twohour seminar. Topics will include relevant skills training, theory and practice as well as New York substantive and procedural criminal law. It is strongly suggested that students wishing to be considered for the Criminal Defense Clinic have already taken Evidence and Trial Advocacy. However, students who agree to enroll in Evidence and Trial Advocacy (civil or criminal) at the same time they are taking the Criminal Defense Clinic will also be considered. Grades will be based on student performance at the placement site and in the clinic seminar. Prerequisite: CRIMINAL LAW AND CRIMINAL PROCEDURE I DOMESTIC VIOLENCE LITIGATION CLINIC (ADVOCACY AND LEGAL SKILLS 4010/4030) 8 credits: 4 in Fall, 4 in Spring St. John's University School of Law is partnering with the New York Legal Assistance Group (NYLAG) to provide students with an exciting, well-supervised, hands-on clinical experience. Clinic students, working in pairs, represent clients in family offense and visitation matters in the Queens and Manhattan family courts. Students have the opportunity to handle cases from inception to final disposition, including conducting client interviews, seeking orders of protection, negotiating settlements, making all court appearances, and, where indicated, taking the case to trial. Clinic students enroll in the domestic violence clinic placement and in a two-credit seminar component which meets at the law school. The seminar provides clinic students with substantive knowledge in aspects of family, matrimonial, immigration, and criminal law relevant to the practice portion of the course. In addition, students will be introduced to the integration of law and psychology specific to intimate violence and participate in skills classes in interviewing, safety planning, case preparation, evidence gathering, legal writing, trial advocacy and negotiation skills. This two-semester course maximizes each student's opportunity to fully service each client while maintaining continuous client representation on sensitive legal matters. Students spend approximately 12 - 15 hours a week in court or preparing their cases at the NYLAG clinic office. Students will be chosen based upon an interview with the professor. Evidence and a trial advocacy course are pre- or corequisite courses and interested students are strongly urged to take Family Law and Family Violence and Sexual Assault. Prerequisite or Corequisite: EVIDENCE AND TRIAL ADVOCACY - CRIMINAL OR TRIAL ADVOCACY-CONCENTR. CIVIL OR TRIAL ADVOCACY-CONCENTR. CRIM

St. Johns School of Law Student Handbook 2011-12 Page 93

ECONOMIC JUSTICE CLINIC (ADVOCACY AND LEGAL SKILLS 9010/9020) 8 credits: 4 in Fall, 4 in Spring The Economic Justice Clinic is a two- semester clinical program available to second and third year law students and evening students after their third semester if they can work in the clinic during the day. St. John's University is partnering with New York Legal Assistance Group ("NYLAG") to give students the opportunity to learn the basics of economic justice and the law, including how to address the needs of low income, disabled, and homeless New Yorkers attempting to navigate the social safety net. Students will be taught basic legal advocacy skills, substantive areas of public benefits law (formerly known as "poverty law" practice), and how to assist individuals obtain and maintain their public benefits (including food stamps, public assistance, Medicaid, housing subsidies, and others). Skills taught will include how to represent public benefits recipients at due process hearings and challenging adverse agency actions discontinuing, reducing or denying them these benefits. Students will have a wide variety of opportunities to interact with the economic justice community in New York City, and will represent clients at fair hearings under the supervision of an attorney in the public benefits practice at NYLAG, a major legal services provider organization. They will also learn how to provide pro se assistance and legal information to clients at a legal help desk in the central fair hearing center for New York City alongside seasoned welfare advocates and benefits lawyers from Project FAIR, a coalition of legal services and social service organizations. Seminar classes will be held at both NYLAG and St. John's. The grade will be based upon the student's overall performance in the clinic. ELDER LAW CLINIC (ADVOCACY AND LEGAL SKILLS - 2010) 4 credits The Elder Law Clinic is a one-semester in-house clinical program and is available to second and third-year students and evening students after their third semester if they can work in the clinic during the day. The Clinic addresses the legal needs of Queens' senior citizens and affords students the opportunity to develop essential lawyering skills, practical legal knowledge and professional responsibility while serving the community. Students represent clients in the areas of consumer law (focusing on consumer frauds and scams, including predatory lending), debtor-creditor law and benefit entitlements, such as social security disability, supplemental security income, Medicaid and pension benefits. Clinical Professors supervise students in all aspects of client representation. Students provide representation from the initial client contact through the final resolution of their case. Accordingly, students perform client and witness interviews; perform legal research; draft all pleadings including complaints, answers, motions and briefs; conduct discovery proceedings, including depositions; argue motions; represent clients at

administrative hearings and at court hearings and trials; and represent clients at settlement negotiations and draft settlement agreements. Students are required to work in the Clinic 13 hours a week (20 hours a week during summer program). There is also a weekly 2-hour seminar component. FAMILY MEDIATION CLINIC (ADVOCACY AND LEGAL SKILLS - 1015) 4 credits This one-semester clinical program is available to secondand third-year students and evening students after their third semester if they can work in the clinic during the day. Distinguishable from the court experience of divorcing families, mediation offers divorcing families an opportunity to end their marriage with dignity. Participating students will have the opportunity to participate in all aspects of divorce mediation: educating potential parties about mediation; collaborating with the court, professionals and mediation community; conducting domestic violence screenings; co-mediating cases; preparing agreements to mediate; drafting summary letters. Mediations and writings will be supervised by an internationally respected family mediator. Interested students will apply to the instructor. Prerequisite: MEDIATION SKILLS: DIVORCE IMMIGRANT TENANT ADVOCACY CLINIC (ADVOCACY AND LEGAL SKILLS 7000/7050) 4 credits The Immigrant Tenant Advocacy Clinic is a two-semester clinical program available to second and third year students and evening students after their third semester if they can work in the clinic during the day. St. John's University is partnering with the Immigrant Tenant Advocacy Project of the Brooklyn-Queens Diocese's Catholic Migration Office to give students the opportunity to engage in community organizing and legal representation of tenants affected by substandard housing conditions and related problems in predominantly immigrant populated neighborhoods within Brooklyn and Queens. Students will participate in outreach and intake at community based institutions, follow up on efforts to organize large groups of tenants, lobby meetings, attend press conferences, draft administrative complaints, and prosecute affirmative legal actions to improve housing conditions and combat harassment of low-income tenants. This clinic will offer students the chance to both represent clients in court and take part in "community lawyering" through non-litigation activity. Casework will be supervised by experienced tenants rights attorneys and community organizers from the Catholic Migration Office. KINSHIP CAREGIVER LAW CLINIC 4 credits The Kinship Caregiver Law Clinic will be offered as a onesemester clinical program available to second and third year students and fourth-year students who have finished three semesters of law school and are available to work at

St. Johns School of Law Student Handbook 2011-12 Page 94

the clinic during the day. St. Johns University is partnering with the Kinship Caregiver Law Project of MFY Legal Services, Inc. to provide students with the opportunity to assist and represent kinship caregivers who are caring for related children outside of the formal foster care system due to parental abuse, neglect or abandonment in custody, guardianship and adoption proceedings. Clinical students will have the opportunity to represent clients in court, conduct intake interviews over the phone and in the family courts, draft know your rights handbooks, conduct educational workshops at community organizations, and engage in policy work at the city and state level. Casework will be supervised by experienced MFY family law attorneys. The Clinic will satisfy the Advanced Practice Writing Requirement. PROSECUTION CLINIC (ADVOCACY AND LEGAL SKILLS 2070/2080) 8 credits: 4 in Fall, 4 in Spring The course is limited to seniors who are selected after a screening and interview process by the professors conducting the course. Selected students must commit to the course for the full academic year. Students will spend between 12 and 15 hours per week at a District Attorney's Office. Most students will be assigned to a part in a local criminal court that has jurisdiction over misdemeanor cases. The assigned students will personally and directly handle every aspect of a misdemeanor case including witness interviews, arraignments, discovery motions, pre-trial hearings, and plea bargaining on trial and sentencing. Some students will be assigned to an Appeals Bureau and handle appeals to the Court of Appeals, Appellate Division or Appellate Term in a wide variety of felony and misdemeanor cases. The students will, where appropriate, assemble or supplement the record on appeal. They will read and analyze the record on appeal and the defendant's brief. The students will crystallize the issues and the legal approach to the issues, research the law and write the brief. The students' names will appear on the briefs. The students will also assist in the preparation of the oral argument and will be present during oral argument. Students will also be required to attend classroom sessions at the law school. Subjects covered in the classes will include suppression motions and hearings, discovery, examination of expert and police witnesses and other subjects. Prerequisite: CRIMINAL LAW AND CRIMINAL PROCEDURE I REFUGEE & IMMIGRANT RIGHTS CLINIC (ADVOCACY AND LEGAL SKILLS 5000/5020) 4 credits The Refugee and Immigrant Rights Clinic is a two semester clinical program available to second and third year students and evening students after their third semester if they can work in the clinic during the day. St. John's University School of Law is partnering with Catholic Charities, Department of Immigration and Refugee Services, to give students the opportunity to provide direct representation

in, among other things, asylum cases, cases under the Violence Against Women Act, and The Victims of Trafficking and Violence Protection Act of 2000. Students provide representation from initial client contact through final resolution of the case. Students will interview clients, conduct full-scale fact investigations, perform legal research, develop a case theory that integrates the facts of the case and the relevant law, and provide representation at administrative hearings and court proceedings. Students will develop essential lawyering skills, substantive legal knowledge and professional essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. Casework will be supervised by adjunct professors, who are experienced immigration rights attorneys from Catholic Charities. Clinic students will enroll in the Refugee and Immigrant Rights Clinic (two credits) and in a seminar component (two credits). The seminar meets for two (2) hours at either the law school or Catholic Charities. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of immigration law, and participate in roundtable discussions. Lawyering skills classes will include discussion of interviewing, cross- cultural lawyering, case theory and strategy, fact investigation, use of an preparation of experts, and direct and cross-examination. At roundtable discussions, students will present a client's case, identifying a particular complex legal, factual or strategy issue for discussion by the group. This two-semester course will maximize each student's opportunity to see a case from start to finish. Students will spend thirteen (13) hours a week working on cases at the Catholic Charities Office, or in the field investigating a case or appearing at an administrative or court proceeding. Students will be chosen based upon an interview with the professors. SECURITIES ARBITRATION CLINIC (ADVOCACY AND LEGAL SKILLS - 5050) 4 credits The Securities Arbitration Clinic is a one-semester in- house, live-client, clinical program available to second and third year students and evening students after their third semester if they can work in the clinic during the day. The Clinic will assist under-served New York small investors with securities disputes in arbitration before the two primary self-regulatory organizations ("SROs") in the securities industry, the National Association of Securities Dealers ("NASD"), the New York Stock Exchange ("NYSE"), other SRO's, or state and federal courts. The students will provide representation in, among other things, churning and unauthorized trading, unsuitability, misrepresentation, and failure to supervise cases under the Rules and Procedures of the NYSE, the NASD and relevant state and federal securities laws. Students provide representation from initial client contact through confirming or vacating arbitration awards in court. Students will perform client and witness interviews, conduct full-scale investigations, perform trading and suitability analyses, perform legal research,

St. Johns School of Law Student Handbook 2011-12 Page 95

draft all pleadings including statements of claim, answers, replies, and motions; participate in discovery; attend prehearing conferences, represent clients at arbitration hearings and at court hearings; represent clients at settlement negotiations and draft settlement agreements. Students will develop essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. A Clinical Professor supervises students in all aspects of client representation. Clinic students are required to attend a weekly 2-hour seminar component. Additionally, students are required to work in the Clinic 13 hours a week. The Clinic is located at the St. John's Queens campus. Students will be selected based upon an interview with the professor and submission of a resume, cover letter, writing sample and transcript. If you are interested in enrolling in the Securities Arbitration Clinic, you must apply on-line on the Law School's website under Securities Arbitration Clinic webpage. An interview with Professor Catalano is also required. Please note that the interview is a mandatory prerequisite for enrollment in the Securities Arbitration Clinic. The deadline for applying is the first Wednesday in April for the fall semester and the first Wednesday in November for the spring semester. Inquiries about the application process may be sent to securitiesapps@stjohns.edu.

The Civil Clinical Externship Seminar explores civil lawyering in a variety of contexts. Students must complete weekly short written assignments based upon relevant readings and their externship observations and experiences, a collaborative student presentation, and accurate timesheets to promote self-directed learning through appropriate goal-setting and the critical reflection on legal process, lawyering skills, and legal institutions. The seminar uses an interactive classroom format which may include simulations and discussions where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Civil Clinical Externship Placement. Corequisite: CIVIL EXTERNSHIP PLACEMENT CRIMINAL JUSTICE EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 3030) 2 credits Students work 140 hours in pre-approved criminal externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will be integrated into all aspects of the legal setting so that students will assist their mentor-attorneys in their day-today legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity for students to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Criminal clinical placements are with prosecutor and defender offices in the counties and boroughs near St. John's Law School and occasionally with pre-approved private practitioners who take assigned counsel cases. The course is graded on a passfail basis. This course must be taken in conjunction with the Criminal Clinical Externship Seminar. Corequisite: CRIM. JUSTICE EXTERNSHIP SEM. CRIMINAL JUSTICE EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3020) 2 credits The Criminal Clinical Externship Seminar seeks to promote self-directed learning in students through appropriate goalsetting and the critical reflection on how the criminal justice systems function (how the law, procedures, practice and fact patterns interrelate), give students an understanding of the roles of prosecutors and defense attorneys within the systems, and orient students to recognize and begin to learn the skills prosecutors and defense attorneys must acquire. Students must complete weekly short written assignments based upon relevant readings and externship observations and experiences, a collaborative student presentation, accurate timesheets, and a lawyering skills simulation. The seminar uses an interactive classroom format where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student

D. Externships CIVIL EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 3010) 2 credits Students work 140 hours in pre-approved civil externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will be integrated into all aspects of the legal setting so that students will assist their mentor-attorneys in their day-today legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Civil clinical placements are in a variety of not-for-profit, government and public interest organizations which are on the leading edge of housing law, domestic violence law, immigration law, environmental law, labor law, mental hygiene law, consumer law, and general civil litigation, as well as other legal areas. The course is graded on a pass-fail basis. This course must be taken in conjunction with the Civil Clinical Externship Seminar. Corequisite: CIVIL EXTERNSHIP SEMINAR CIVIL EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3000) 2 credits

St. Johns School of Law Student Handbook 2011-12 Page 96

presentation. This course must be taken in conjunction with the Criminal Clinical Externship Placement. Corequisite: CRIM. JUSTICE EXTERN PLACEMENT ENVIRONMENTAL EXTERN PLACEMENT (ADVOCACY AND LEGAL SKILLS - 4060) 2 credits Students work 140 hours in pre-approved environmental law externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will be integrated into all aspects of the legal setting so that students will assist their mentor-attorneys in their day-today legal activities as well as receiving research, writing or other legal assignments. This course is graded on a pass-fail basis. This course must be taken in conjunction with the Environmental Law Clinical Externship Seminar. Corequisite: ENVIRONMENTAL EXTERNSHIP SEM. ENVIRONMENTAL EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 4050) 2 credits The Environmental Law Clinical Externship Seminar explores substantive environmental law issues and the practice of environmental law within the context of an externship experience. Students must complete weekly short written assignments based upon relevant readings and their externship observations and experiences, a collaborative student presentation, and accurate timesheets to promote self-directed learning and the critical reflection on environmental lawyering skills. The seminar uses an interactive classroom format where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Environmental Law Clinical Externship Placement. Corequisite: ENVIRONMENTAL EXTERN PLACEMENT GENERAL EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 4000) 2 credits Students work 140 hours in pre-approved externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will gain a sense of what it is like to be a lawyer practicing in that particular law setting, so that students will assist their mentor-attorneys in their day-to-day legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity for students to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Placements may be with administrative, city, state, and federal judiciary members; prosecutor and defender offices; and civil placements which meet the interests of the student body including, among others, organizations which are on the leading edge of housing law, domestic violence law, immigration law, environmental law, labor law, mental hygiene law,

consumer law, and general civil litigation. The course is graded on a pass-fail basis. This course must be taken in conjunction with the General Clinical Externship Seminar. Corequisite: GENERAL EXTERNSHIP SEMINAR GENERAL EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3090) 2 credits The general clinical externship seminar explores important issues in lawyer development through weekly readings, directed journal assignments and collaborative student presentations. The seminar uses an interactive classroom format which may include simulations and discussions where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the General Clinical Externship Placement. Corequisite: GENERAL EXTERNSHIP PLACEMENT INTERNATIONAL HUMAN RIGHTS EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 5080) 2 credits Students work 140 hours under the supervision of carefully selected mentor-attorneys in pre-approved human rights placements with UNICEF and other organizations or in working with the United Nations in the area of international human trafficking. Students assist their mentor-attorneys in day- to-day legal activities as well as completing research, writing or other legal assignments. The course is graded on a pass-fail basis. This course must be taken in conjunction with the International Human Rights Externship Seminar. Corequisite: INTERNATIONAL HUMAN RIGHTS EXTERNSHIP SEMINAR INTERNATIONAL HUMAN RIGHTS EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 5070) 2 credits The International Human Rights Externship Seminar explores substantive international human rights issues, policies and treaties and the practice of international human rights law within the context of an externship experience. Students must complete weekly short written assignments based upon relevant readings and their externship observations and experiences, a collaborative student presentation, and accurate timesheets to promote self-directed learning and critical reflection on international human rights law. The seminar uses an interactive classroom format which may include simulations and discussions where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the International Human Rights Externship Placement. Corequisite: INT'L HUMAN RIGHTS EXT PLACEMT JUDICIAL EXTERNSHIP PLACEMENT

St. Johns School of Law Student Handbook 2011-12 Page 97

(ADVOCACY AND LEGAL SKILLS - 3050) 2 credits Students work 140 hours in pre-approved judicial externship placements in the chambers of administrative, city, state, or federal judges. It is expected that students will be integrated into all aspects of the judicial chambers so that students will observe court proceedings as well as receive substantive research and writing assignments. The course is graded on a pass-fail basis. This course must be taken in conjunction with the Judicial Clinical Externship Seminar. Corequisite: JUDICIAL EXTERNSHIP SEMINAR JUDICIAL EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3040) 2 credits The Judicial Clinical Externship Seminar directs students to consider the richness and variety of the courts in which they work to promote self-directed learning through appropriate goal-setting and the critical reflection on judicial process, lawyering skills, and legal institutions. Weekly short written assignments based upon relevant readings and externship observations, accurately kept timesheets, student presentations and a lawyering skills simulation are used to engage students in recognizing and using decision-making strategies in responding to professional responsibility issues. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Judicial Clinical Externship Placement. Corequisite: JUDICIAL EXTERNSHIP PLACEMENT SPECIAL EDUCATION EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 6090) 2 credits The Child Advocacy's Special Education Externship requires a one semester commitment from the accepted student. Students will represent children and their guardians in New York City Department of Education administrative special education hearings involving the Individuals with Disabilities Education Act (IDEA). Students will conduct client interviews, engage in factual and legal research, consult with experts, negotiate settlements, make court appearances, review documents (e.g. IEPs, school, and mental health records) and where appropriate, conduct administrative hearings. The majority of externship work will be performed at non-profit organizations which specialize in special education issues. Externship students must participate in the Special Education Externship Seminar. This seminar covers trial advocacy skills, lawyering skills and substantive areas of law. The seminar meets once a week for two hours. Seminar classes are held at the law school. Students are also required to participate in weekly "case rounds" sessions at the law school with Professor Gould. This Externship is open to second and third year students who will receive a total of four (4) credits for the semester with 2 letter graded credits and 2 pass/fail credits. All externship students are required to complete Evidence either prior to or during the semester in which they take

the Special Education Externship, and are strongly encouraged to participate in the Child Advocacy Clinic prior to or after taking the Special Education Externship. Applicants are also urged to take the Intensive Trial Advocacy course, Pre-Trial Advocacy, and Family Law. Prerequisite or Corequisite: EVIDENCE Corequisite: SPECIAL EDUCATION EXT SEMINAR SPECIAL EDUCATION EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 6080) 2 credits The Child Advocacy's Special Education Externship requires a one semester commitment from the accepted student. Students will represent children and their guardians in New York City Department of Education administrative special education hearings involving the Individuals with Disabilities Education Act (IDEA). Students will conduct client interviews, engage in factual and legal research, consult with experts, negotiate settlements, make court appearances, review documents (e.g. IEPs, school, and mental health records) and where appropriate, conduct administrative hearings. The majority of externship work will be performed at non-profit organizations which specialize in special education issues. Externship students must participate in the Special Education Externship Seminar. This seminar covers trial advocacy skills, lawyering skills and for two hours. Seminar classes are held at the law school. substantive areas of law. The seminar meets once a week Students are also required to participate in weekly "case rounds" sessions at the law school with Professor Gould. This Externship is open to second and third year students who will receive a total of four (4) credits for the credits. All externship students are required to complete semester with 2 letter graded credits and 2 pass/fail Evidence either prior to or during the semester in which they take the Special Education Externship, and are strongly encouraged to participate in the Child Advocacy Clinic prior to or after taking the Special Education Externship. Applicants are also urged to take the Intensive Trial Advocacy course, Pre-Trial Advocacy, and Family Law. Prerequisite or Corequisite: EVIDENCE Corequisite: SPECIAL EDUCATION EXT PLACEMNT SUMMER EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 3070) 2 credits Students work 168 hours in pre-approved externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will gain a sense of what it is like to be a lawyer practicing in that particular law setting, so that students will assist their mentor-attorneys in their day-to-day legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity for students to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Placements may be with administrative, city, state, and federal judiciary members; prosecutor and

St. Johns School of Law Student Handbook 2011-12 Page 98

defender offices; and civil placements which meet the interests of the student body including, among others, organizations which are on the leading edge of housing law, domestic violence law, immigration law, environmental law, labor law, mental hygiene law, consumer law, and general civil litigation. This course is graded on a pass-fail basis. This course must be taken in conjunction with the Summer Clinical Externship Seminar. Corequisite: SUMMER EXTERNSHIP SEMINAR SUMMER EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3060) 1 credit The Summer Clinical Externship Seminar incorporates aspects of the General Clinical Externship Seminar and the

Civil, Criminal and Judicial Clinical Externship Seminars with an emphasis on short written assignments, some of which are class-wide assignments and some of which are substantive-area specific, and group collaborative projects. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Summer Clinical Externship Placement. Corequisite: SUMMER EXTERNSHIP PLACEMENT

St. Johns School of Law Student Handbook 2011-12 Page 99

You might also like